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record, narrowness, shallowness, insufficient area or shape of <br />the property. Special conditions may not be economic in <br />nature. <br />In this instance, the alleged special conditions or <br />circumstance is that the platted roadway (Lake Street) was not <br />constructed as part of the Mason Manor Subdivision. <br />Currently, the roadway easement is being used by the homeowner <br />at 764 Labore Road. The applicant is proposing to extend this <br />driveway through the City easement to service his home. <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 />property is an existing lot. If the City were to deny the <br />variance and require the road to be constructed, the applicant <br />would still have the ability to construct a home on the <br />property. However, in this scenario, the applicant, as well <br />the property owners on Lake Street would be assessed for the <br />cost of the roadway construction. <br />3. The special conditions and circumstances do not result from <br />the actions of the applicant. <br />The special conditions, Lake Street existing as a roadway <br />easement rather than a public road, is not caused by any <br />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 />construction of homes on lots without access to improved <br />public roadways. While there is not a large number of lots <br />within the City that do not have adequate frontage onto public <br />roadways, there are two lots within the subject subdivision <br />that don't have adequate frontage. Should the City grant the <br />subject variance, in all likelihood, owners of these adjacent <br />lots will make the same request. <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. <br />3 <br />Page 19 <br />