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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 />In discussing the requested variance with the applicant, it has <br />been indicated that due to financial circumstances, the <br />demolition and subsequent reconstruction of a new home on the <br />existing site is not feasible. Apparently, the applicant has <br />received County approval for a home improvement loan, but has <br />been unsuccessful in her attempts to secure financing for new <br />home construction. <br />Under a. (1) above, the special conditions which may qualify a <br />property may include water conditions, shallowness, and <br />insufficient area of a parcel of record. In this case, there is <br />virtually no buildable area due to setback requirements from the <br />street and the shoreline of Round Lake. However, these <br />conditions are shared with several other parcels along this area <br />of Little Canada Road. The only condition which makes this <br />proposal unique from its neighbors is the seriously deteriorated <br />condition of the structure. As a result, approval or denial of <br />this variance could potentially establish a policy by which the <br />City would grant or deny variances for similar expansions/ <br />reconstructions to properties in this area in the future. <br />RECOMMENDATION <br />This variance request does not have special conditions which are <br />"peculiar to the land, structure, or building involved ". In <br />addition, if the variance is denied, the request for a <br />conditional use permit does not meet the criterion of compliance <br />with all performance standards. As a result, the Ordinance <br />allows only the construction of a fully conforming single family <br />residence on this property. Due to the setback issue, no <br />structure can fit on the property in a fully conforming manner. <br />We would recommend denial of the CUP and variance, and removal of <br />4 <br />Page 16 <br />