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