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• <br /> <br />Board of Adjustment <br />Minutes of 1-25-90 <br />Page 3 o f 4 <br />considerations or caprice, and the <br />hardship must not result from the <br />applicant or property owner's own <br />actions; and <br />3) That by granting the variance, the <br />spirit of the Ordinance will be <br />observed. <br />The applicant contends that since the subdivision design <br />conformed to all of the city requirements at the time it was <br />approved, that conforming to the current setbacks in Ordinance <br />#1501, would cause unnecessary hardship. We do feel that the <br />applicants claim of unnecessary hardship is reasonable. <br />Requesting a variance to reduce setbacks to sideyard utility <br />easements to zero (0) feet is eligible for consideration. There <br />is currently an existing electric line going through the easement <br />that is encased in such a manner that should the line need to be <br />.replaced, it could be pulled through. No additional digging <br />would need to take place on the property. The staff feels there <br />is no problem with the granting of this easement and it is <br />consistent with the requirements of the zoning ordinance. We <br />recommend consideration of the request. <br />Mrs. Bernay swore in Mr. Eddie Gray with Fairmont Park Joint <br />Venture. He stated he concurred with the details discussed. He <br />stated there is really no change being asked for. All the homes <br />that have been built, have been built just like this and the <br />subdivision is already built, the lots are laid out and we would <br />like to continue on just like they are so this won't be a change <br />from what has been going on. He stated he would appreciate the <br />Board's consideration in passing the request. <br />4) CALL FOR VOTE TO APPROVE OR DISAPPROVE VARIANCE REQUEST <br />#V90-001 <br />Jody Seeger made a motion to grant the variance <br />request. The motion was seconded by Steve Hines. <br />Variance Request unanimously approved. <br />C7 <br />