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Dietrich Variance Planning Case 551-99 • April 7, 1999 Page 3 d. That granting the variance requested 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. The granting of this variance would in effect be a special privilege, but the property itself is unique in its lake-front status and prohibitive development restrictions, which might warrant the approval. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. 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 the minimum variance to alleviate the hardship. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. Granting this variance would not be materially detrimental to the purpose of this Title or • to other properties surrounding 7805 Gloria Circle. Constructing a garage between the house and the lake however may be materially detrimental to the perceived or actual value of the subject property, in that it would take away from the property's aesthetic value and would restrict use and enjoyment of the property's primary amenity--Spring Lake. g. 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. r . _ • - - • •- -•, � �••� • . � •.� '�• e• _ 'Property's Supply-of light or air, there would not be any impact to traffic nor would it increase the danger of fire or endanger the public safety. It is assumed that there would be no negative 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 responses, the case can be made for the existence of a hardship with regard to the applicant's request. However, because it is not clear that all of the criteria can be met, the undue hardship requirement may not be satisfied. Resident Comment: As per State notification requirements, staff sent out public hearing notices to • all properties within 350 feet of 7805 Gloria Circle. Of the 28 notices sent, only one phone in comments was received. The caller was concerned about setback issues but was not opposed in theory to the requested variance.