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<br />Ordinance 861 <br />Page 2 <br /> <br /> <br /> <br />a. Exceptional or extraordinary circumstances apply to the properties which do not <br />apply generally to other properties in the same zone or vicinity and result from lot size <br />or shape, topography or other circumstances over which the owners of the property <br />since the effective date hereof have had no control The variance is in harmony with <br />the general purposes and intent of this Title. <br /> <br />b. The literal interpretation of the provisions of this Title would deprive the applicant of <br />rights commonly enjoyed by other properties in the same district under the terms of this <br />Title The variance is consistent with the comprehensive plan. <br /> <br />c. That the special conditions or circumstances do not result from the actions of the <br />applicant The applicant proposes to use the property in a reasonable manner not <br />permitted by this Title or the City Code. <br /> <br />d. That granting the variance requested will not confer on the applicant any special <br />privilege that is denied by this Title to owners of other lands, structures or buildings in <br />the same district. Unique circumstances apply to the property which do not apply to <br />other properties in the same zone or vicinity and result from lot size or shape, <br />topography or other circumstances over which the owner of the property since the <br />enactment of this Title has had no control. The unique circumstances do not result <br />from the actions of the applicant. <br /> <br />e. That the variance requested is the minimum variance which would alleviate the <br />hardship. Economic conditions alone shall not be considered a hardship The variance <br />does not alter the essential character of the neighborhood. <br /> <br />f. The variance would not be materially detrimental to the purpose of this Title or to <br />other property in the same zone. The variance requested is the minimum variance <br />which would alleviate the practical difficulties. Economic conditions alone do not <br />constitute practical difficulties. <br /> <br />g. The proposed variance will not impair an adequate supply of light and air to <br />adjacent property or substantially increase the congestion of the public streets or <br />increase the danger of fire or endanger the public safety or substantially diminish or <br />impair property values within the neighborhood. The Board of Adjustment and Appeals <br />may impose such restrictions and conditions upon the premises benefited by a <br />variance as may be necessary to comply with the standards established by this Title or <br />to reduce or minimize the effect of such variance upon other properties in the <br />neighborhood and to better carry out the intent of the variance. The condition must be <br />directly related to and must bear a rough proportionality to the impact created by the <br />variance.