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(2) Special conditions and circumstances may not be <br />primarily economic in nature. <br />b. Literal interpretation of the provisions of this Ordinance <br />would deprive the applicant of rights commonly enjoyed by <br />other properties in the same district under the terms of <br />this Ordinance. <br />c. The special conditions and circumstances do not result from <br />the actions of the applicant. <br />d. Granting the variance requested will not confer on the <br />applicant any special privilege that is denied by this <br />Ordinance to other lands, structures, or buildings in the <br />same district. <br />e. A genuine hardship exists in complying with the literal <br />terms of this Ordinance. <br />While the conditions in this case were created by the applicant <br />by virtue of the plat, the configuration of the street was <br />largely a reaction to existing lot and building conditions. It <br />should be noted, however, that it is possible to construct a <br />fully compliant structure on lots of these dimensions. The City <br />will need to take care in reviewing whether or not a genuine <br />hardship does in fact exist, as required under subparagraph e <br />above. The "need" for the variance is based on two primary <br />issues. First, the existing setbacks of Lot 1 (non- conforming) <br />and Lot 5 (conforming) will result in a neighborhood which has <br />greatly staggered houses along the east side of Valento Road. <br />Second is the depth of the lots which restrict the building pad <br />to a depth of 40 feet. The Second restriction is not a unique <br />situation and should not qualify as a variance rationale. The <br />first issue, however, is one which the City may feel justifies <br />the variance and should be the basis for any variance approval. <br />RECOMMENDATION <br />This variance request reflects a policy question for the City. <br />While the situation is not entirely unique (that of somewhat <br />shallow lots) the issue of neighborhood design and aesthetics is <br />a basic development concern. If the City is inclined to grant <br />the variance, the resolution should be worded to reference the <br />design and aesthetics concern as it relates to existing <br />structure setbacks in this area. <br />cc: Annette Freeman <br />John Palacio <br />Don Carley <br />Tom Sweeney <br />Don Valento <br />PAGE 16 <br />