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<br />Bagwill Variance <br />July 20, 2005 <br />Page 3 <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 />The applicants are requesting a two-foot variance in the height of the fence to allow for a <br />six-foot tall fence in a front yard area, which they believe to be the minimum to alleviate <br />the hardship. They also request that the existing shed be relocated alongside their <br />garage, separated by only five feet. They feel this would be the minimum to alleviate <br />their 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 />Granting a variance to allow the additional two feet of fence height and a shed in a <br />front yard area would not be materially detrimental to the purpose and intent of the <br />Zoning Code. <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 addition should not have any impact on the supply of light or air to <br />adjacent properties, nor should it impact congestion of streets. The proposed <br />addition will not increase the danger of fire, endanger the public safety or decrease <br />property values in the neighborhood. Sightlines would not be affected by this <br />request and staff has not received any negative feedback related to this request. <br /> <br />Staff Opinion: <br /> <br />Staff has reviewed the request and assessed the hardship criteria and believes all have <br />been adequately satisfied to warrant variance approval. <br /> <br />Recommendation: <br /> <br />After holding the public hearing and taking testimony from staff, the property owner and <br />affected neighbors, the Commission can take one of the following actions related to the <br />request: <br /> <br />1. Approve the variance as requested. Resolution 801-05 is attached for the Commission’s <br />approval if that is the chosen course of action. <br /> <br />2. Deny the requested variance. To move forward with this option, the Commission should <br />direct staff to draft a resolution of denial with findings of fact appropriate to support the <br />denial.