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Setback Variance Report 5072 Brighton Lane December 3, 2003 Page 2 The property has an area of 10, 115 square feet; less than the required minimum of 11,000 square feet. Because of the relatively small size of the home, the homeowners wish to add more living area. The homeowners are limited as to where an addition can be constructed because the front yard is sloped and a deck and mature trees exist in the rear yard. 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 applicants are not the original owners of the property and had nothing to do with the placement of the home, the location of the trees or the slope of the front yard. 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. 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 two-foot variance, which is the amount that would allow the proposed addition to match with the existing structure and use the existing foundation for load baring walls. 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 two (2) feet into the side setback would not be materially detrimental to the purpose and intent of the Zoning Code given that the attached garage already exists eight (8) feet from the property line. 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.