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<br />® Board of Adjustment <br />Minutes of 1-25-90 <br />Page 2 of 4 <br />all easements. It was not thought at the time, that <br />the setback would apply to easements that provide <br />electric utility lines along the side of property to <br />street lights located in front of property. The effect <br />is, on same piece of property, a smaller house would <br />have to be built rather than what was originally <br />planned for General Homes. The existing sections of <br />Fairmont Park were approved previous to the adoption of <br />new Zoning Ordinance #1501, and the lot requirements <br />did meet the then existing zoning requirements. The <br />property in question are single family dwellings <br />located on Linwood Ct., Linwood Drive and Dogwood <br />Drive. <br />ANALYSIS• <br />Section 11-606 defines the term variance as follows: <br />The term "variance" shall mean a deviation <br />from the literal provisions of the Zoning <br />Ordinance which is granted by the Hoard when <br />strict conformity to the Zoning Ordinance <br />would cause an unnecessary hardship because <br />of the circumstances unique to the property <br />on which the variance is granted. <br />Before a variance can be granted, there are three (3) tests <br />that must be proven: <br />1) That the granting of the variance <br />will. not be contrary to the public <br />interest. <br />2) That literal enforcement of the <br />Ordinance will result in <br />unnecessary hardship because of <br />exceptional narrowness, <br />shallowness, shape, topography or <br />other extraordinary or exceptional <br />physical situation unique to the <br />specific piece of property in <br />question. "Unnecessary hardship" <br />shall mean physical hardship <br />relating to the property itself as <br />distinguished from a hardship <br />relating to convenience, financial <br />