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In considering all requests for a variance and in taking <br />subsequent action, the City Staff, the Planning Commission, and <br />the City Council serving as the Board of Adjustments and Appeals <br />shall review all such requests. <br />A variance from the terms of this Ordinance shall not be granted <br />unless it can be demonstrated that: <br />a. Special conditions and circumstances exist which are <br />peculiar to the land, structure, or building involved. <br />(1) Special conditions may include exceptional topographic <br />or water conditions or, in the case of an existing lot <br />or parcel of record, narrowness, shallowness, <br />insufficient area or shape of the property. <br />(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 />Upon reviewing the terms above, it does not appear that this <br />proposal has any of the special conditions or hardships necessary <br />to be eligible for a variance. <br />The lot itself contains no exceptional conditions which would <br />dictate lot line location or structure location. The rear yard <br />setback requirement does not deprive Mr. Tacheny common use of <br />his property. The lot itself is of sufficient size for any <br />future improvements. A lot size large enough to create two legal <br />lots does not in itself constitute a right to subdivide. The <br />non - conforming setback condition is a direct result from the <br />applicant's action. By requesting a lot split and then using <br />Payne. Avenue as access, the applicant has changed the <br />interpretation of his lot lines and their setback requirements <br />and thus creating a non - conformity along the rear lot line before <br />which the house was in conformance with the setback from this lot <br />line. <br />3 <br />Page 34 <br />