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09-19-2007
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09-19-2007
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MV City Council
City Council Document Type
City Council Packets
Date
9/19/2007
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<br /> <br />2925 County Road H2 Variance <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 the house was <br />placed close to the east property line which limits the amount of room available for a <br />driveway next to the house, the curb cut is located on the property line with limited <br />ability to expand to the west; and; drainage on the property runs east to west and <br />the applicant does not want the driveway directly adjacent to the house where water <br />would run up against the foundation. <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 not deprive the applicant of rights commonly enjoyed <br />by others in the district, as most other property owners are able to have at least a <br />decent one car wide driveway and the curb cut lining up with the driveway. <br /> <br />c. That the special conditions or circumstances do not result from the actions of the <br />applicant. <br /> <br />The applicant is not responsible for the conditions which have prompted him to apply <br />for a variance. Mr. Mathiowetz has only owned the property since 2006 and the <br />house, driveway and curb cut were in place prior to the applicant buying the property. <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 />other property owners are able to have decent width driveways which line up with <br />their curb cut. <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 variance requested is the minimum that would be necessary in order to line the <br />driveway up with the existing curb cut. <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. <br />
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