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This variance should be evaluated as if it were being applied for prior to the construction <br />of the building. Variances are evaluated using specific criteria in the Zoning Ordinance, <br />as follows: <br />a. Special conditions and circumstances exist which are peculiar to the land, structure, <br />or building involved. <br />(1) <br />Special conditions may include exceptional topographic or water conditions <br />or, in the case of an existing lot of record, narrowness, shallowness, <br />insufficient area or shape of the property. <br />(2) Special conditions and circumstances may not be primarily economic in <br />nature. <br />In this case, the special condition to be considered is the narrowness of the <br />lot in accommodating an improvement to the parcel and to the safety of the <br />area. The prior condition resulted in a driveway which backed directly onto <br />the narrow street. The current condition allows for the turn - around of <br />vehicles to avoid this backing movement in a small space. <br />b. Literal interpretation of the provisions of this Ordinance would deprive the applicant <br />of rights commonly enjoyed by other properties in the same district under the terms <br />of this Ordinance. <br />It has been the practice of the City that where the action of the City, or other <br />governmental agency (like MnDOT), results in the need for a variance to <br />allow what would have been a conforming project, the City deems this <br />condition to have been met. <br />c. The special conditions and circumstances do not result from the actions of the <br />applicant. <br />As noted with b. above, the special condition was created by the City's <br />demand for right of way. Prior to this event, the side yard setback would <br />have complied with the regulation. <br />d. Granting the variance requested will not confer on the applicant any special privilege <br />that is denied by this Ordinance to other lands, structures, or buildings in the same <br />district. <br />The City has applied this reasoning to other projects, although an exact <br />application has not come up in the R -1 District. For instance, where the <br />State acquired additional right of way along Rice Street in the past, <br />2 <br />Page 5 <br />