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Planning Case VR2011-006 <br />July 20, 2011 Staff Report <br />Page 2 <br /> <br /> <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 <br />since the effective date hereof have had no control. <br /> <br />The extraordinary circumstances which apply to this property are that a 76 foot front <br />setback is much larger than normal, and this lot is 85 feet shorter in depth than the <br />rest of the lots on the block, yet has the same deep front setback. <br /> <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 <br />this Title. <br /> <br />The literal interpretation would deprive the applicants of rights commonly enjoyed by <br />others in the district, as most other properties do not have this large of a front <br />setback causing the backyard to be only 42 feet deep. <br /> <br />c. That the special conditions or circumstances do not result from the actions of the <br />applicant. <br /> <br />The applicants are not responsible for the conditions which have prompted them to <br />apply for a variance. The applicant’s purchased the property after the house was built <br />and the property subdivided. <br /> <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 <br />in the same district. <br /> <br />Granting this variance would not confer upon the applicant a special privilege in that <br />most other property owners could easily build additions on the rear of their homes <br />and meet the 30 foot rear setback requirement. <br /> <br />e. That the variance requested is the minimum variance which would alleviate the <br />hardship. Economic conditions alone shall not be considered a hardship. <br /> <br />The two-foot variance requested is the minimum that would be necessary in order to <br />add the desired square footage and features to the house. <br /> <br />f. The variance would not be materially detrimental to the purpose of this Title or to <br />other property in the same zone. <br /> <br />Given the circumstances, granting the variance request may not be materially <br />detrimental to the purpose of this Title.