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Loder Report May 21, 2003 Page 2 c. That the special conditions or circumstances do not result from the actions of the applicant. The applicants have had no control over their lot size, the location of the existing garage nor the location of the mature trees which they desire to preserve. 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 allow a non-conforming garage to be torn down and replaced at the same setback. The reduced setback would be a special privilege if the lot were the same as other lots in the City, however this is not the case—the lot is substandard. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. The variance requested is essentially four feet. To preserve the trees and to preserve the sightlines to the children’s play area, the requested variance WOULD be the minimum to alleviate the hardship. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. The variance would not be detrimental to the purpose of this Title. The setback of the home on the adjacent lot is quite sizable. 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. The proposed variance would not result in any of the above-cited adverse effects. Recommendation: Open the public hearing and consider the testimony of staff, residents and the applicant. Because of the substandard lot width, the setback of the existing garage, the desire to preserve mature trees and the desire to preserve sight lines to the children’s play area in the rear yard, staff recommends approval of the requested variance. The conditions that necessitate the variance are not the applicant’s doing and they did not cause or control the circumstances leading up to the request. Staff believes all of the hardship criteria to be satisfied. If the Commission agrees, staff has prepared a resolution for your action. _____________________________________ James Ericson Interim City Clerk/Administrator