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<br />Page 5 of 6 <br />Board of Adjustment <br />Staff Report of 12-9-93 <br /># A93-003 <br /> <br />The next criteria to be considered is special privilege. Granting this appeal would directly <br />contradict very clear and explicit Zoning Ordinance provisions. It would set a standard for <br />this property that cannot and should not be enforced for other properties. It would also be <br />contrary to previous Board Decisions regarding similar matters. Granting this appeal would <br />clearly grant a special privilege to the applicants. <br /> <br />The final issue to consider is protection of the spirit and intent of the Zoning Ordinance and <br />Comprehensive Plan. <br /> <br />It is the intent of the Comprehensive Plan, as evidenced by the Land Use Plan, Zoning Map <br />and Zoning Ordinance regulation, to see the Spenwick Subdivisions re-established as a <br />neighborhood of single family homes. Allowing a now nonconforming structure into the <br />neighborhood would clearly run contrary to the spirit and intent of the Comprehensive Plan <br />and Zoning Ordinance. <br /> <br />Conclusion: <br /> <br />In reviewing this appeal, staff fmds the following: <br /> <br />· The decision of the Building Official was in strict accordance with Zoning <br />Ordinance requirements. The decision was, therefore, both reasonable and <br />proper. <br /> <br />· Zoning Ordinance regulations regarding manufactured and modular homes <br />comply with applicable state law. As state law was used as a basis for local <br />ordinance regulation, the Zoning Ordinance is not unreasonable. <br /> <br />· Modular homes are still available. Modular housing is a type of housing that <br />is separate and distinct from manufactured housing. The Zoning Ordinance <br />is, therefore, reasonable in setting different zoning requirements for the two <br />types of structures. <br /> <br />· Granting this appeal would grant a special privilege to the applicants and to <br />this specific piece of property. <br /> <br />· Granting this appeal would be contrary to the spirit and intent of the <br />Comprehensive Plan and the Zoning Ordinance. <br />