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regarding building setbacks due to the slopes, and the size of <br />the lots. Because of these steep slopes on the lots west of <br />Sunrise Drive, new homes are allowed to be constructed up to <br />twenty (20) feet from the edge of the road right -of -way. The <br />applicant is proposing to place the home to "line up" with the <br />existing homes on the west side of Sunrise Drive. <br />2. Literal interpretation of the provisions of the ordinance <br />would deprive the applicant of rights commonly enjoyed by <br />other properties in the same district. <br />The literal interpretation of the of the City Code would not <br />deprive the applicant any rights he has on the property. The <br />home which the applicant is proposing to construct can be <br />placed on the lot without a variance. However, the applicant <br />wishes to place the home in such a manner to save large <br />trees, and not disturb the existing slopes. <br />3. The special conditions and circumstances do not result from <br />the actions of the applicant. <br />The special conditions, a wooded lot with rolling slopes, is <br />not caused by any action of the applicant. <br />4. Granting the variance requested will not confer on the <br />applicant any special privilege that is denied by the City <br />Code to other lands, structures, or buildings in the same <br />district. <br />The granting of the variance may set a precedent for allowing <br />variances to construct homes within the side yard setback <br />requirement as long as trees and slopes are being protected, <br />and there is adequate space between homes. These <br />circumstances are not unique within the R -1 zoning district. <br />5. A genuine hardship exists in complying with the literal terms <br />of the ordinance. <br />A hardship is not extended to the applicant if the City holds <br />to the literal terms of the ordinance. The same single family <br />home could be constructed on this lot without the need for any <br />variance. The lot would lose a few large trees, and the <br />applicant would have to do more landscaping and bring fill to <br />create a level building pad. <br />However, the request does appear reasonable, trees will be saved, <br />there is adequate space between the existing and proposed house, <br />and the character of the neighborhood will not be altered. <br />3 <br />Page 38 <br />