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CONCLUSIONS OF LAW <br /> THE VARIANCE MUST MEET ALL THREE OF THE FOLLOWING TESTS: <br /> A. UNNECESSARY HARDSHIP IS PRESENT IN THAT A LITERAL ENFORCEMENT OF THE TERMS OF THE <br /> ZONING ORDINANCE WOULD UNREASONABLY PREVENT OWNER FROM USING THE PROPERTY FOR A <br /> PERMITTED USE BECAUSE: <br /> DESIGN OF STRUCTURE ALLOWS WATER DAMAGE WITHOUT ALTERATION <br /> B. THE HARDSHIP IS DUE TO PHYSICAL LIMITATIONS OF THE PROPERTY RATHER THAN THE <br /> CIRCUMSTANCES OF THE APPELLANT BECAUSE: <br /> EXISTING BUILDING CONSTRUCTION <br /> C. THE VARIANCE WILL NOT BE CONTRARY TO THE PUBLIC INTEREST AS EXPRESSED BY THE <br /> OBJECTIVES OF THE ORDINANCE BECAUSE: <br /> NO ADDITIONAL IMPERVIOUS AREA WILL BE CREATE AND THE ADDITION/ALTERATION <br /> WILL NOT ENCROACH CLOSER TO ANY SETBACKS <br />