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Balk Variance Report May 3, 2006 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. The property is zoned R-1, Single Family Residential, and the Balks desire to construct a new home with an oversized garage on the corner lot. While the lot itself meets all minimum requirements, being a corner lot there are additional setbacks which limit the areas in which the RV could be parked outside. 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. While the literal interpretation of the provisions of the Zoning Code would not deprive the applicant of rights enjoyed by other properties in the same zone, the applicants desire to park their RV inside the garage not only for aesthetic reasons but also for security, maintenance issues and so as to not otherwise obstruct visibility on this corner lot. c. That the special conditions or circumstances do not result from the actions of the applicant. While the Balks’ ownership of an RV does prompt the request, the special conditions could be argued to be more ”community” driven from the standpoint of visibility and aesthetics. d. That granting the variance requested would 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 every property owner has the right to apply for a variance to improve the function and livability of their home. Many improvements benefit the neighborhood in a broader sense. While each request has to stand on its own merits and satisfy hardship requirements, the Planning Commission has approved similar height variances in the past for oversize vehicles. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. The applicants assert that the additional two-feet of garage height would be minimally sufficient to permit the parking of the RV inside the garage.