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Literal interpretation of the provisions of this Ordinance would deprive the <br />applicant of rights commonly enjoyed by other properties in the same district <br />under the terms of this Ordinance. <br />c. The special conditions and circumstances do not result from the actions of <br />the applicant. <br />d. 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 <br />buildings in the same district. <br />e. A genuine hardship exists in complying with the literal terms of this <br />Ordinance. <br />Moreover, the Ordinance states in Subd. 3 that the variance is justifiable where it is <br />necessary to make reasonable use of the land. In this case, Mr. Jebens' property is being <br />put to the use which the Zoning District allows, that of a fully conforming single family <br />home. An addition to the structure which would violate the setback standard would have <br />to based in an assumption that the addition is necessary to permit reasonable use, and <br />that each of the Subd. 2 criteria are met. <br />It does not appear that this request can qualify due to conflicts with items a.(1), b., and d. <br />With regard to a.(1), this lot is fully conforming is size, and was platted under the current <br />Zoning Ordinance standards. it is neither narrow, shallow, nor of insufficient area or <br />shape. There are no conditions which are peculiar to this parcel. With regard to b., the <br />applicant has noted that other homes in the vicinity are able to construct enclosed <br />porches. However, none of them have the right to violate the setback standards. Denial <br />of the Jebens request does not deprive the applicant of "rights commonly enjoyed by other <br />properties in the same district under the terms of this Ordinance. Finally with regard to d., <br />the City has applied its rear yard setback standard consistently to other properties. <br />Granting of this request would constitute a special privilege denied to other lands. <br />Summary <br />In summary, the Zoning Ordinance establishes setback standards for buildings in the R -1, <br />Single Family Zoning District. These standards may be varied under specific conditions <br />as outlined in the Ordinance. Those conditions do not exist in this case. We recommend <br />denial of the requested variance based upon a finding that the Zoning Ordinance criteria <br />for variance approval are not met. <br />pc: Kathy Glanzer <br />Greg Schmidt <br />Page 21 <br />