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10-19-2005
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10-19-2005
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MV City Council
City Council Document Type
City Council Packets
Date
10/19/2005
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<br /> <br /> <br />The literal interpretation would not deprive the applicant of rights commonly enjoyed <br />by others in the district. <br /> <br />c. That the special conditions or circumstances do not result from the actions of the <br />applicant. <br /> <br />The applicant is clearly responsible for the conditions which have prompted him to <br />apply for a variance. Had the applicant applied for a building permit prior to doing the <br />work, he would have been told that the driveway extension and garage lean-to <br />addition would be in violation of the Zoning Code. <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 confer upon the applicant a special privilege in that <br />other property owners are not allowed to build within the five foot setback. <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 />Because the structure is already in place, the variance requested is the minimum <br />that would be necessary to maintain the structure. <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, staff feels that granting the variance request would be <br />materially detrimental to the purpose of this Title. In addition, granting the variance <br />would be sending a message to residents that it is acceptable to ignore the building <br />code and zoning code requirements by seeking approval through the variance <br />process. <br /> <br />g. The proposed variance will not impair an adequate supply of light and air to <br />adjacent property or substantially increase the congestion of the public streets or <br />increase the danger of fire or endanger the public safety or substantially diminish or <br />impair property values within the neighborhood. <br /> <br />While the addition would not impair an adequate supply of light or air to the <br />adjoining property, if left in place, stormwater runoff would most likely drain onto the <br />adjoining property. It could be argued that the adjoining property’s value could be <br />impacted by the structure located within one foot of the property line. <br /> <br />After reviewing the criteria and the details of the variance request, staff believes that the <br />criteria are not satisfied and thus the request should be denied. <br /> <br /> <br />
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