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<br />o <br /> <br />o <br /> <br />10. The existing fence between the Property and Appellants property <br />extends to a height of six feet. The variance as granted by the Zoning <br />Administrator requires, as a condition thereof, that said fence shall be increased <br />to a height of seven feet. <br /> <br />11. Extension of the height of the fence to seven feet will, to some <br />extent, reduce the intrusion by the residents and guests of the Property upon the <br />privacy of Appellants. <br /> <br />12. The purpose of the regulations governing the R-1 Zoning District <br /> <br />IS: <br /> <br />"Purpose. To stabilize and protect the residential character of the [R- <br />11] <br />district and to promote and encourage a suitable environment for <br />family <br />life on a neighborhood basis." (S5.1) <br /> <br />13. Granting of the variance with respect to the ramp would be <br />contrary to the purpose and intent of Section 5.1 in that it would permit further <br />intrusion upon the privacy of Appellants inherent in the use of Applicant's <br />Property as an elderly care facility. <br /> <br />14. There are no special circumstances applicable to the Property, <br />including size, shape, topography, location, or surroundings that, because of the <br />strict application of the Zoning Ordinance, would deprive the Property of <br />privileges enjoyed by other properties in the vicinity and under the identical <br />zone classification in that, to the extent special circumstances do exist, they are <br />created by the use, and not the physical condition, of the Property. <br /> <br />15. The adjustment which would be authorized by the proposed <br />variance with respect to the ramp, if granted, would constitute a grant of a <br />special privilege inconsistent with the limitations upon other properties in the <br />vicinity and zone in which the Property is located. <br /> <br />CONCLUSIONS AND ORDER <br /> <br />A. The appeal should be, and is hereby, granted with respect to the <br />proposed ramp. Uncovered conventional stairs shall be constructed and <br />installed in lieu of the ramp. <br /> <br />B. To the extent the deck does exceed the one-foot height limitation <br />of Section 32.11 d, the variance as granted by the Zoning Administrator shall <br />remain in full force and effect. <br />