1999 Planning Commission Packets

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f ' Dietrich Variance Plannit�g Case 551-99 April 7, 1999 Page 3 d. That graniing the variance��es Title �o owlners of othe lat1nds�,��ru �turesnor bu'ld ngs in p�ivilege that rs denaed by - the sa»ze dist�ict. The granting of this variance would in effect be a special privilege, but the property itself is unique in its lake-front staius and prohibitive development restrictions, which might warrant the approval. �, Td1r�t the variance �equested rs the minimu3n vaf•iance which would alleviate the hardship. Economic conditrons alone shcall not be considered a hards'hip• As long as the garage can meet the setback requirements for a structure in a residential district (typically thirty feet) staff would assert that the request is tl�e nninimum variance to alleviate the hardship. f. T�ie variance would not be materially detrimental to the purpose of this Title or to othe� pt�oper•ty in the same zo�e. Granting this variance would not be materially detrirnental to the purpase of this Title or J to other proper�ies surrounding 7805 Gloria Circle. Consiructing a garage between the -_- house and the iake however may be materially detrimental io the perceived or actual value of the s��bject properiy, in that it would take away from the property's aesthetic vaiue and would restrict use and enjoyment of the property's primary amenity--Spring Lake. g. The proposed a�ariance will not impair an adequate supply of light and air to adjacent pf•oper-ty or substantially increase the congestion of the public streets or increase the danget� of fire o� endanger the public safety oY substantially diminish or impair prope�ty values within the nezghborhood. Were the variance to be granted, it would not itnpair any neighboring property's supply of light or air, there wauld not be any impact to traffic nor wouid it increase the danger of fire ar endanger the puhlic safety. It is assumed that there would be no negative impact to property values. According to the City Code, al] of 1;he preceding criteria shall be satisfied in order io justiiy the granting of a variance. As pointed out�in e� uestp However, becau e rti noteclear tha �ll of thef a hardship with regard to the applicant s q criteria can be met, the undue hardship requirement may not be satis�ied. Resic�ent Comnaent: As per State notification requirements, staflf seni out public hearing noiices to ali properiies within 350 feet of 7805 Gloria Circle. Of the 28 notices sent, only one phone in comments was received. The cailer was concerned about setback issues b�at was not opposed in theory to the requested variance.