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The Station Driveway Variance Report December 16, 2009 Page 2 a. Exceptional or extraordinary circumstances apply to the property, which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control. An extraordinary circumstance that applies to this property is that the west property line is not straight as the line jogs around a garage on the adjoining property. This jog cuts out the southwestern corner of the property, creating an odd shaped parcel. The Station’s property, along with the two adjoining properties (Alano Society and Fedor’s Market), have been in place for many years and have some unique characteristics; mainly that the three parcels are completely paved as one continuous lot with no curbing or separation features except along County Road I. 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 would not deprive the applicant of rights commonly enjoyed by others in the district, as most other property owners do not have odd-shaped parcels. c. That the special conditions or circumstances do not result from the actions of the applicant. The applicant may not be completely responsible for the condition that has prompted him to apply for a variance. It appears that there could have been a communication issue about the change in the setback on the site plan, or the designer of the car wash may not have been measured the property correctly when designing the car wash. d. That granting the variance requested will 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 not confer upon the property owner a special privilege in that most property owners do not have to work with an odd shaped parcel. In addition, property owners have the right to apply for a variance to improve the function and livability of their property. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. The variance requested is the minimum that would be necessary in order for the entrance driveway to be long enough for vehicles to be able to enter the car wash.