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Setback Variance Report 8471 Fairchild Avenue November 19, 2003 Page 2 The property is zoned R-1 and the property owner is seeking a building permit to construct a second-story addition. The home was initially placed slightly crooked on the lot, which is not typically the case. Most homeowners would not find an issue with constructing a second-story addition, as the setbacks have already been established by the first-story and in most cases would meet code requirements. 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 literal interpretation of the provisions of the Zoning Code would not deprive the applicant of rights enjoyed by other properties in the same zone, because of the way the home was placed on the lot, the applicant is unable to make desired improvements. c. That the special conditions or circumstances do not result from the actions of the applicant. The applicant was unaware until recently that the entire home was not ten (10) feet from the side property line and had nothing to do with the initial placement of the home. 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 not confer upon the property owner a special privilege in that every property owner has the right to apply for a variance to improve the function and livability of their home. Many improvements benefit the neighborhood in a broad sense in that the reinvestment often triggers similar reinvestment in adjacent properties and at the minimum motivates property owners to take a greater sense of pride in property ownership. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. The applicant is requesting a six-inch variance, which is the amount that would allow the proposed addition to match with the existing structure. This is the minimum variance that would 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. Granting a variance to allow the addition to encroach six (6) inches into the side setback would not be materially detrimental to the purpose and intent of the Zoning Code given the placement of the existing structure. The six-inch encroachment would not be noticeable from the street or even to the adjacent neighbor, as the proposed addition will match the existing structure.