09-13-1995 Council Agenda - Laserfiche WebLink

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the property. Special conditions may not be economic in nature. The site does not contain special conditions or circumstances which require the applicant to construct the garage contrary to the City street setback regulation. Due to the subject properties large size, two (2) acres, the new garage can be relocated on the property to meet all required setbacks. 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 not deprive the applicant any rights he has on the property. Should the City deny the variance request the applicant may still construct the garage, however, it would have to be relocated to meet the required setbacks. 3. The special conditions and circumstances do not result from the actions of the applicant.. As mentioned, there are no special conditions which demand that the applicant construct the new garage in the proposed location, therefore, this criterion is not satisfied. 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 would give the applicant a special privilege that is typically denied to other structures in the R -1 zoning district. Should the City approve the subject variance, a dangerous precedent may be established for allowing variances to construct detached accessory structures within the front yard setback on property zoned R -1. 5. A genuine hardship exists in complying with the literal terms of the ordinance. A hardship is not extended to the applicant if the City holds to the literal terms of the ordinance. The detached garage could be constructed on this lot without the need for any variance. 3 Page 49