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White Variance <br />Planning Case No. 533 -98 <br />September 2, 1998 <br />Page 3 <br />The allowed setback for garages within the City is five feet, and many garages are <br />constructed at this setback. Were any property owner to apply for a building permit to <br />build a sidewalk within that five -foot area, they would be denied the permit if the sidewalk <br />encroached closer than two feet to the property line. <br />e. That the variance requested is the minimum variance which would alleviate the hardship. <br />Economic conditions alone shall not be considered a hardship. <br />Given that the setback is only two feet for a sidewalk, and the fence (presumably) is not <br />on the property line, the variance requested is minimal -- probably one foot to one and a <br />half feet. However, should the setback be enforced, there is no hardship to having a three - <br />foot wide sidewalk. <br />f The variance would not be materially detrimental to the purpose of this Title or to other <br />property in the same zone. <br />The basis for this Code provision is to promote a separation between properties. Allowing <br />sidewalk within inches of a neighboring property does not fit with the intent of the Code. <br />g. The proposed variance will not impair an adequate supply of light and air to adjacent <br />property or substantially increase the congestion of the public streets or increase the <br />danger of fire or endanger the public safety or substantially diminish or impair property <br />values within the neighborhood. <br />Were the variance to be granted, it would not impair any neighboring properties' supply of <br />light or air, it would not create any additional traffic impact nor would it increase the <br />danger of fire or endanger the public safety. There would be no impact to property <br />values. <br />According to the City Code, all of the preceding criteria shall be satisfied in order to justify the <br />granting of a variance. As pointed out in the above responses, a hardship does not exist in this <br />situation. If denied, the applicant can still have a walkway, albeit three feet instead of four. Or, if <br />the applicant would so choose, the area could be leveled with landscape timbers or railroad ties to <br />access the full width between the garage and property line, and install gravel without necessitating <br />a building permit or variance. <br />A variance should not he granted simply because the work has already been completed <br />