06-22-1994 Council Agenda - Laserfiche WebLink

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2. Literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district. The literal interpretation of the of the City Code would deprive the applicant rights enjoyed by others on Sunrise Drive. As previously mentioned several homes located on Sunrise Drive do not meet the required front yard setback. The proposed new home will "line up" with existing homes, therefore will not be out of character. 3. The special conditions and circumstances do not result from the actions of the applicant. The special conditions, rolling slopes and narrow lot width, is not caused by any action of the applicant. 4. Granting the variance requested will not confer on the applicant any special privilege that is denied by the City Code to other lands, structures, or buildings in the same district. The granting of the variance special privilege that has owners along Sunrise Drive. 5. A genuine hardship exists in of the ordinance. will not allow the applicant any been denied by any other home complying with the literal terms A hardship would exist if the applicant were held to the literal interpretation of the City Code. Due to the steep slopes and limited lot width, the size of the home would be severely reduced if the applicant were held to the thirty (30) foot front yard setback requirement. RECOMMENDATION Because the proposal meets all of the variance criteria, protects steep slopes, and will not be out of character with the neighborhood, our office would recommend approval of the eight (8) foot front yard setback variance on the subject property with the condition that the home be built in the exact location indicated on Exhibit B. pc: Kathy Glanzer John Palacio John Maas 3 Page 34