Laserfiche WebLink
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. All property owners are allowed to use this five-foot area, <br /> which many utilize for access to the rear of a property. Thus, granting the variance will <br /> not confer on the applicant any special privilege that is denied by this Title to owners of <br /> other lands, structures or buildings in the same district. <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. <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 /> Because driveways are allowed to within one foot of a property line (with the permission <br /> • of the adjacent property owner) it can be reasonably expected that a sidewalk should be <br /> subjected to a similar setback. Granting a variance to allow this would not be detrimental <br /> to the purpose 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 /> If the variance were to be granted, it would not impair any neighboring properties' supply <br /> of 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 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 can be shown to exist, <br /> which would allow for the granting of a variance. <br /> • <br />