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2003 Planning Commission Packets
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2003 Planning Commission Packets
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6/26/2012 11:08:57 AM
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8/29/2018 5:48:59 AM
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a. Exce�tioeaa� mr extraordinary circumstar�ces apply to tlze p��perty wviaich clo not apply <br />�ener�l�y to other propes��ies an the sam� zone or vicis�iiy and �-es�lt from lot size or <br />si�ape, topoga°aph�r or mther ci�°cumstances mvee� �vhich the ov��ner�s of �he p�°op�a°� �ince � <br />t6a� eff�eta�e date �aereof i�ave l�ead no eo�trol. <br />Tl�e property is zoned R-3 and is iznproved with a four unit residentiai dwelling, The property <br />is similar to the other four-unit dweilings in this area of ihe City. The lot is not irregulariy <br />shaped and as such there appears to be no extraordiz�ary circumstances relating to the <br />property or the request. <br />b. Tit� 18teral interpret�tion of fhe grovis�mns of this Tatle wmuid deprive tlae applicant of <br />rights c�mt�onI� enjaye€� by other pr��erties ita the same dis�rict u�der �he terms of <br />�his �'itle. <br />The subject proper�y appears similar to �he majority of R-3 zoned properties in this area. The <br />literal interpretation oi the provisions found in the Zoning Code wouid 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'hat the special cox�cftt�ar�s or ci�-cuansta�nces do �ot �-esult from th� actaons of the <br />applicaa�t. <br />The four-plexes in this axea may have been constructed prior to the enactment of �he zoning <br />code provision which requires garage stalls %r each unit. To that end, the pro�erty is <br />considered a legal, nor�-conforming use. Increasing the density, however, is an action of the �' <br />property owner. <br />do '�'taat granting the vae°ia�ace requested wouid nvt con�'er o� the applic�c�t any specaa[ <br />privile�e th�t is der��ed by this Tit1e to ovvners of other� lareds, strucfures or builc�ings in <br />the s�me districi. <br />Granting the variance would confer upon the property owner a special privilege that would <br />be denied other property owners. To expand one's property, one must have adequate <br />parking to meet the increased demand. <br />e. 'I'hat �he varaan�e req�a�sted is the rni�irrdum �ariance whieh vvouEd �.lievi�$e t�e <br />hardship. Economic eondi�ions alone shali not be con�idered a hardsE�ip. <br />The variance r�quested is twofold—a reduction in the number of garage stalls and a reduction <br />in the total number ofparking stalis provided. Because it appears as though additional parking <br />could be added to the site, the variance requested is a�oi the minirrium to alleviate the hardship. <br />f. T'he varga�ace wouici raot be rnate�-�ally detrianen#�I �o the pe�rpose of tlaxs 'I'et�e or to <br />otl�e�° property �r� the �arzae �or►e. <br />Graz�ting a variance to allow the expansion of the structure from a four unit building to a six <br />unit building withaut a corresponding increase in the parking capacity of the site would be <br />deirirnental to the inten� of the zoning code and would potentially adversely impact the <br />surrounding properties. <br />
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