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08-28-1996 Council Agenda
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08-28-1996 Council Agenda
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(1) 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 />(2) Special conditions and circumstances may not be primarily economic in <br />nature. <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 />c. The special conditions and circumstances do not result from the actions of the <br />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 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 imposed <br />upon the applicant is that resulting from an error in City building permit issuance. Because <br />the City's established variance criteria has not been satisfied, we recommend denial of the <br />requested variance. <br />Relocation Assistance. Recognizing that the applicant's variance request has been <br />made as a result of a permitting error, the City has offered to aid in the relocation of the <br />accessory structure to a location which complies with applicable setbacks. Specific <br />relocation tasks /responsibilities should, however, be defined by the City Council. <br />RECOMMENDATION <br />The applicant's request for variance has been prompted by a City building permitting error. <br />Thus, no genuine hardship unique to the subject property exists to warrant variance <br />approval. As such, we recommend denial of the requested variance. <br />2 <br />Page 38 <br />
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