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Gregory Variance <br /> July 7, 1999 <br /> Page 2 • <br /> decision in accordance with these criteria. These criteria are set forth in Section 1125.02, <br /> Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of the <br /> criteria are met. The individual criteria, with responses, are as follows: <br /> a. Exceptional or extraordinary circumstances apply to the property which do not apply <br /> generally to other properties in the same zone or vicinity and result from lot size or <br /> shape, topography or other circumstances over which the owners of the property since <br /> the effective date hereof have had no control. <br /> The Gregory's house and garage, located at 2801 Woodale Drive, was built before there <br /> was a code requirement concerning minimum setbacks. In addition, Silver Lake Road at <br /> that time was not as wide, though staff is unaware if the County obtained any additional <br /> right of way in the intervening years that would have exacerbated the setback <br /> nonconformity. Either way, this is a situation over which the applicants have had not <br /> control. <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. <br /> Single-stall garages, once a common feature in this area, have become functionally • <br /> obsolete in today's age of dual wage earners and children with their own vehicles. In <br /> addition, the emergence of boat and other recreational vehicle ownership has further <br /> rendered the single-stall garage obsolete. Simply put, a single-stall garage in itself could <br /> be viewed as a hardship. <br /> c. That the special conditions or circumstances do not result from the actions of the <br /> applicant. <br /> As stated in response to the first criteria, the house and garage were constructed in advance <br /> of any setback requirements, well before the applicants took ownership of this property. <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 672 square-foot garage would not confer upon the <br /> applicants any special privileges, especially considering residents are allowed garages in <br /> most cases unconditionally up to 952 square feet. <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 /> 1111 <br />