Agenda Packets - 2004/08/09 - Laserfiche WebLink

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Mourad Variance Appeal Report August 9, 2004 Page 3 b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. The literal interpretation of the provisions of the Zoning Code would not deprive the applicant of rights enjoyed by other properties in the same zone. c. That the special conditions or circumstances do not result from the actions of the applicant. The driveway expansion was constructed by the applicant without a permit. d. That granting the variance requested would 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. Granting the variance would confer upon the property owner a special privilege denied to others in the same district. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. The City Council would first need to determine whether a hardship exists. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. The variance may be detrimental to the purpose of this Title unless it is determined that a hardship is present. 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. The expansion should not result in any of the above-cited adverse effects. Summary: In order for the City Council to approve this variance request, the above criteria must be satisfied. As previously stated, the applicant is requesting that the City Council table action on this request until the September 13, 2004 City Council meeting.