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Miller Wright Report September 7, 2005 Page 3 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 five-foot setback requirement does pose a practical difficulty, the Planning Commission will need to determine if it rises to the level of a hardship. The building is situated approximately 31 feet from the east property line, which means--less the five-foot setback and five-foot sidewalk--there is only 21 feet in which to provide vehicle access. A standard drive aisle width is 24 feet wide. c. That the special conditions or circumstances do not result from the actions of the applicant. Before the expansion, the only access to the rear of 2832 County Road 10 was gained on the west side of the building, an area only 13 feet in width. With the recent expansion, there is 21 feet available for access on the east side, however fire code requires a full 24 feet. 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 a variance to promote suitable emergency vehicle access should not be a special privilege. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. A variance of three feet to allow a two-foot driveway setback along the northeast and east property lines would allow for the construction of a vehicle access drive consistent with fire codes. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. A reduced two-foot setback for the PAK Building drive aisle would not be a detriment to any adjoining property. g. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. None of these risks or adverse effects would be likely as a result of the variance request. Criteria Summary Staff believes there to be sufficient hardship associated with this property to warrant approval of a variance request to allow for a two-foot driveway setback along the northeast and east property lines of the PAK Building, as illustrated on the attached site plan.