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In considering all requests for a variance and in taking subsequent <br />action, the City staff, the Planning Commission, and the City <br />Council serving as the Board of Adjustment and Appeals shall make <br />a finding of fact that the proposed action will not: <br />1. Impair an adequate supply of light and air to adjacent <br />property. <br />2. Unreasonably increase the congestion in the public street. <br />3. Increase the danger of fire or endanger the public safety. <br />4. Unreasonably diminish or impair established property values <br />within the neighborhood, or in any way be contrary to the <br />intent of this ordinance. <br />5. Violate the intent and purpose of the City Comprehensive Plan. <br />The proposal to construct a home on property that does not have <br />frontage on a public street will not impair light and air to <br />adjacent properties, increase congestion on roadways or diminish <br />property values. <br />The intent of the requirement for all homes built on public road <br />right -of -way is to ensure orderly residential development patterns, <br />and more importantly, ensure access to all homes within Little <br />Canada by police, fire and emergency vehicles. <br />Our office is concerned that the driveway may not provide adequate <br />access for police, fire and emergency vehicles. <br />Also, the Superintendent of Public Works has expressed concern over <br />connection of water to the proposed home site. At this time there <br />is no stub on Labore Road to run that length back to the house. <br />The house would be set approximately 320 back from Labore Road, <br />therefore, water pressure may be extremely weak. <br />Further, there is no sewer stub for this parcel. A peiinit would <br />have to be obtained from the Metro Waste Control Commission and <br />from the County for street opening. Also, the City would have to <br />grant permission to use the Lake Street 30 foot wide right -of -way <br />to place the sewer line. (See attached memo from Public Work <br />Superintendent) <br />A variance from the specific requirements outlined in the City Code <br />shall not be granted unless it can be demonstrated that: <br />1. Special conditions and circumstance exist which are peculiar <br />to the land, structure, or building involved. Special <br />conditions may include exceptional topographic or water <br />conditions or, in the case of an existing lot or parcel of <br />2 <br />Page 18 <br />