1998 Planning Commission Packets

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White Variance Planning Case No. 533 -98 September 2, 1998 Page 3 The allowed setback for garages within the City is five feet, and many garages are constructed at this setback. All property owners are allowed to use this five -foot area, which many utilize for access to the rear of a property. Thus, granting the variance will not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. Given that the setback is only two feet for a sidewalk, and the fence (presumably) is not on the property line, the variance requested is minimal -- probably one foot to one and a half feet. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. g. Because driveways are allowed to within one foot of a property line (with the permission of the adjacent property owner) it can be reasonably expected that a sidewalk should be subjected to a similar setback. Granting a variance to allow this would not be detrimental to the purpose of the Code. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. If the variance were to be granted, it would not impair any neighboring properties' supply of light or air, it would not create any additional traffic impact nor would it increase the danger of fire or endanger the public safety. There would be no impact to property values. According to the City Code, all of the preceding criteria shall be satisfied in order to justify the granting of a variance. As pointed out in the above responses, a hardship can be shown to exist, which would allow for the granting of a variance.