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Mar 05 03 12:02p <br />Mar 04 03 04:54p • <br />• p.3 <br />p.3 <br />HPR 0'- 003 -MON 0-36 9M <br />RV No, r3 <br />a • <br />'k variance i3 a "deylation from the literal provisions oft he Zoning Ordinance." The <br />Citv's Board of Adjustments may NOT grant a variance that does not meet all of the <br />following conditions: <br />S.y The variance must not be contrary to the public interest. <br />1) Literal enforcement of the Zoning Ordinance must result in a hardship. This <br />hsu dsltip must be unique to the property in questiou. Property that is undevelopabh <br />due to its ussuslml shape, nU rowness, shallowness, or topography co:tstitutes tine <br />primary example of hardship. hardships that are financial in nature or due to the <br />owner's actions cannot be grunted_ <br />3) Granting the variance runst not violate the spirit of the Zoning Ordinance. <br />4) No variance that allows a use that is prohibited within the Use zone in question may <br />be granted. For example, a variance allowing a Commercial usa in a residential zone <br />is not allowable. <br />Please remember it Ls'the ApplicMat's responsibility to prove that a variance will <br />sleet the above conditions. <br />If there is not adequate room on the remainder of this form to list all pertinent <br />information, please feet free to attach :an additional letter or any information and eibibits <br />YOU fc ti the board should consider. <br />FACTS REMVANT TO THIS MATTER: <br />Undue hardship will result from requiring strict compliance of <br />this ordnance. <br />We plan to apply for a.HUD 221(d) 4 loan through Davis Penn <br />Mortgage Company for the planned 180 unit apartment complex to <br />be buxit on property at the corner of Fairmont and I,uette. The <br />_—requirements of the HUD 221(d) 4 loan will require that the owner <br />^, maki? a monthly payfaent to a reserve for replacement amount which Will <br />be: held by the Lender. The average amount;•for a monthly deposit <br />i . yc250:00 per unit per year. Strict annual ro er <br />P p y" z»spec ions <br />insure tIzal she project will be properly maintained over he 40 term <br />of the loan. See attached letter from Davis Penn MorrgaUe Company. <br />