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1. Special conditions and circumstances exist which are peculiar to the land, structure, <br />or building involved. <br />a. Special conditions may include exceptional topographic or water conditions <br />or, in the case of an existing lot or parcel of record, narrowness, <br />shallowness, insufficient area or shape of the property. <br />b. Special conditions and circumstances may not be primarily economic in <br />nature. <br />2. 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 />3. The special conditions and circumstances do not result from the actions of the <br />applicant. <br />4. Granting the variance requested will not confer on the applicant any special <br />privilege that is denied by this Ordinance to other lands, structures, or buildings in <br />the same district. <br />In order to approve the requested setback variance, a non - economic hardship, unique to <br />Mr. Thorp's property must be demonstrated. Mr. Thorp's property does not hold any <br />unique physical features which would justify variance approval. The only hardship <br />imposed upon the applicant is that resulting from an error in City building permit issuance. <br />There are no conditions that have changed since the original request, therefore, because <br />the City's established variance criteria has not been satisfied, our office continues to <br />recommend denial of the requested appeal. <br />Relocation Assistance: In recognition that the applicant's variance request is the result <br />of a permitting error, the City has offered to aid in the relocation of the accessory structure <br />to a location which complies with applicable setbacks. The City shall continue to offer this <br />assistance. <br />Home Occupation <br />It has come to the City's attention that the detached accessory structure for which the <br />applicant has requested a setback variance, was being utilized for a lawn care business. <br />As a result, application has been made to operate a home occupation. <br />The intent of the regulation of home occupations is to protect the character of residential <br />neighborhoods, and prevent the intrusion of business into residential areas, causing <br />2 <br />Page 38 <br />