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06-02-1999
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06-02-1999
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MV City Council
City Council Document Type
City Council Packets
Date
6/2/1999
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Leon Variance <br /> June 2, 1999 <br /> • Page 3 <br /> not have been necessary as there would have been adequate room to allow for a living space <br /> addition on the north side of the property. The other factor contributing to a need for a <br /> variance is that the internal configuration of the home is atypical in that the floor plan allows <br /> for a living space addition only off the north side of the house. There is only bedroom space <br /> off the rear of the home, the most logical place for these types of additions. <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. <br /> Granting a variance to allow a three-season porch or other type of living space addition <br /> would not be a special privilege--most properties in this district either have similar types of <br /> additions or have the space to construct such additions. <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 /> The property owners wish to replace an existing deck with the enclosed porch. If the <br /> porch were to be constructed observing the proper setbacks, it would only be seven feet <br /> deep--not enough room for a table and chairs. The five foot variance is the minimum <br /> • variance that would alleviate the hardship. <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 purpose of the variance provision in the Code is to give relief to property owners <br /> seeking to improve their properties yet are unable to do so because of zoning code <br /> requirements and factors beyond their control. Granting this variance for a living space <br /> addition would not be materially detrimental to the purpose of this Title or to other <br /> .ro.ert in the same zone <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 /> A living space addition of such a limited size(120 square feet) at the reduced side yard <br /> setback would'not impair a supply of light or increase congestion, nor would it increase <br /> the danger of fire or endanger the public safety or diminish 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. It appears to staff that in this case a hardship does exist, and as such, if the <br /> Planning Commission were to concur, a variance could be granted to allow the applicants to <br /> construct a living space addition five feet from the north property line. <br />
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