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Answers to criteria for review <br />1. The property in question cannot be put to a reasonable use if used under conditions <br />allowed by the official controls; <br />a. No, the property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls because the existing deck needs <br />replacement. It is approximately 40 years old, unsafe and therefore <br />unusable. In replacing the deck, we need to add a ramp, which necessitates <br />the additional 4 foot extension at the top of the ramp to include a landing for <br />wheelchairs to prepare, lock, unlock, pivot, etc. Without the replacement <br />deck and ramp, there is no way for someone to enter or exit the house in a <br />wheelchair. We do have a need for a wheelchair entrance. <br />2. The plight of the landowner is due to circumstances unique to the property not <br />created by the landowner; <br />a. The circumstances that necessitate a variance are unique to the property <br />and not created by me because the location of this house existed prior to my <br />ownership and this is the only appropriate place for a deck to go on the <br />house. It is also reasonable for the replacement deck to go in the same <br />location as the existing deck, especially since there is an entrance to the <br />house accessible only from the current deck location. <br />3. The deviation from the Ordinance with any attached conditions will still be in <br />keeping with the spirit and intent of the Ordinance; <br />a. Yes, t he proposed replacement deck is still in keeping with the spirit and <br />intent of the Ordinance because the deck will not be any closer to the lot line <br />than it currently is. <br />4. The variance will not create a land use not permitted in the zone; <br />a. No, the replacement deck would not create a land use not permitted in the <br />zone because the property in question would continue to be used in the way <br />it is currently used, which is strictly as a single family home. <br />5. The variance will not alter the essential character of the City; <br />a. No, the replacement deck will not alter the essential character of the City <br />because <br />i. The replacement deck will not be any closer to the lot line than the <br />current deck <br />ii. The replacement deck will be of a reasonable size for the house. <br />6. The variance is not for economic reasons alone;