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Variance - 1003/05 Sibley Street Planning Commission Memo - May 9, 2005 Page 3 The following criteria have been used as findings of fact in granting variances to zoning provisions: A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. B. The literal interpretation of the City Code would deprive the applicants of rights commonly enjoyed by other properties in the same district under the terms of Chapter 10. C. That the special conditions and circumstances do not result from actions of the applicant. D. That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 10 to other lands, structures, or buildings in the same district. No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, or buildings in other districts shall be considered grounds for the issuance of a variance. Notification of Adjoining Property Owners Notification was sent to adjoining property owners. Ms. Siebenaler of 1007 Sibley St stopped in for more information on the proposal but didn't have any negative comments about the project. RECOMMENDED ACTION A motion to recommend approval of the minor subdivision and variance for 1003/1005 Sibley Street to subdivide the lot and to allow Parcel B to be under the minimum lot size as shown on the boundary survey dated 4/5/05, with the following conditions: 1) Construction of the building must conform to the minor subdivision as approved. 2) A front yard tree must be planted on each lot prior to issuance of certificate of occupancy. ATTACHMENTS . Location Map . Site Plan . Application