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White Variance <br /> Planning Case No. 533-98 <br /> September 2, 1998 <br /> • <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 be granted simply because the work has already been completed <br />