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j <br />accordatice with these criteria. These criteria are set forth in Section 1125.02, Subdivisian 2, af the <br />City Code, The Code clearly states that a hardship e�sts when all of the criteria are met. The <br />individual critez-ia are as foilows: <br />a. Excep�ionat o�° exir�o�°dinary circumstances apply t� the prop�rty whic6e c!o n�t appiy <br />gex�e�aliy io other �rope�ti�� ia� the same �one or �eci�ity ar�d resa�lt �'rom lot size or <br />shape, t��a�r°aph� o,� othet• circumstances amer �hich it�e ovvne�°s of ih� property sinee <br />the eifective dat� hereof have had no cantrol. <br />The property is zoned R-3 and is improved with a four unit residential dwelfing. The property <br />is similar to ihe other four-unit dwellings in this area of the City. The lot is not irreguiarly <br />shaped however there is a slope toward the rear of the property and a drainage easement that <br />res�ricts development in this area. <br />bo T'he late�al enter°p�°e�aiion o4'the provisiar�s af thi� Tetle v�o�ld deprave ii�e applicani of <br />e-eghts comm��ly enjoyed by oiher pa-operrties in the sar�e district a�reder the tc�m�s of <br />ihis '�'it1e. <br />The subject property appears similar to the majority ofR-3 zoned properties in this area. The <br />literal interpretation of the provisions found in the Zoning Code would not deprive the <br />applicant of rights enjoyed by other properties in the same zone, in that no other property <br />owner is seeking to increase density by expanding to a six unit residential dwelling. <br />c. 'I'hai �he special conditions o�° c�rcurnstances do not result �'a°om tl�e actions of the <br />�p��icant. <br />The four-plexes in this area may have been constnzcted prior to the enactment of the zoning <br />code provision which requires garage stalls for each unit. To that end, the property is <br />considered a legal, non-conforming use. Increasing the density, however, is an action of the <br />property owner. <br />d. T�eat g�°anting the variance reques�ed would noi canfer on the applicaa�t any speceal <br />prervilege that is denied by tl�is 'Titie to owners of other lands, struct�res or buildin�s en <br />t�e sart�e districi. <br />Granting the variance would confer upon the property owner a special privilege that wouid <br />be denied other property owners. To expand one's properiy, ane must have adequate <br />parking to meet ihe increased demand. <br />�o T'h�t tlae vari�nce reqe�ested �s the mir�irr�ur�rE var�ance whecl� would alleviate the <br />hardship. Economic condafiar�s a�on� �hall �ot b� coeasidea°�d a hardshipa <br />The varianee requested is twofold-a reduction in the nurzzber of garage stalis and a reduction <br />in the totat number of parlting �talls provided. Because it appears as though additional parlcing <br />could be added to the site, the variance rec�uested is not the minimum to alleviaie the hardship. <br />f 'I'he var°ian�e vvo�►d a►o� k�� �atea°iall� detr��rnea�taT tm i�h� p��°pose of fl��s Title or �o <br />oiher �YOpe� in �h� sa�� zon�o <br />Grranting a variance to allow the expansion of the stnac#ure from a four unit building to a six <br />unit building without a coi-responding increase in the parking capacity of the site would be <br />