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07-06-2005
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07-06-2005
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MV City Council
City Council Document Type
City Council Packets
Date
7/6/2005
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<br />Miller Variance Request <br />July 6, 2005 <br />Page 2 <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 shape, <br />topography or other circumstances over which the owners of the property since the effective <br />date hereof have had no control. <br /> <br />The subject property is a wedge shaped, irregularly configured parcel. Because of the <br />irregular shape, the house is not parallel to any lot line and encroaches into the side and <br />front setbacks. <br /> <br />b. The literal interpretation of the provisions of this Title would deprive the applicant of rights <br />commonly enjoyed by other properties in the same district under the terms of this Title. <br /> <br />The literal interpretation of the provisions of the Zoning Code would deprive the <br />applicant of rights enjoyed by other properties in the same zone, in that the irregular <br />shape of the lot unduly limits possibilities for living space expansion. <br /> <br />c. That the special conditions or circumstances do not result from the actions of the applicant. <br /> <br />The home was constructed in 1965 and was constructed on the lot providing for <br />maximum street exposure which severely limited expansion possibilities. <br /> <br />d. That granting the variance requested would not confer on the applicant any special privilege <br />that is denied by this Title to owners of other lands, structures or buildings in the same district. <br /> <br />Granting the variance would not confer upon the property owner a special privilege <br />denied to others in the same district in that the irregularity of the lot poses practical <br />difficulties not present in other lots. <br /> <br />e. That the variance requested is the minimum variance which would alleviate the hardship. <br />Economic conditions alone shall not be considered a hardship. <br /> <br />While it is certainly possible to construct an addition less than fifteen feet wide, the utility <br />of a more narrow addition would not make the expansion worthwhile. The variance <br />requested would be the minimum to satisfy the hardship. <br /> <br />f. The variance would not be materially detrimental to the purpose of this Title or to other <br />property in the same zone. <br /> <br />The variance would not be detrimental to the purpose of this Title or to the adjoining <br />properties. <br /> <br />g. The proposed variance will not impair an adequate supply of light and air to adjacent <br />property or substantially increase the congestion of the public streets or increase the danger <br />of fire or endanger the public safety or substantially diminish or impair property values within <br />the neighborhood. <br /> <br />The proposed garage addition would not result in any of the above adverse effects. <br /> <br />
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