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<br />. <br /> <br />Mississippi Critical River Overlay District in Section 9.21 and the reduced setback terms <br />established in the variance granted to the Subject Property in Resolution 97-08-189. <br /> <br />9. That City Code allows for a total of 1,800 square feet of garage and accessory buildings on <br />the Subject Property; the existing attached garage is 825 square feet in size; the proposed <br />garage is 576 square feet in size, for a total of 1,401 square feet of garage and accessory <br />building space. <br /> <br />10. That the Applicant has stated the reasoning for requesting an accessory structure closer to the <br />front property line than the principal structure, herein attached as Exhibit A. <br /> <br />11. That there are special conditions applying to the Subject Property that do not generally <br />apply to other properties in the district; namely, the Subject Property is in the Critical River <br />Overlay District and the Subject Property is also subject to variance terms established in <br />Resolution #97-08-189. <br /> <br />12. That the special conditions do not result from the actions ofthe Applicant. <br /> <br />13. That the literal interpretation of the provisions of City Code would deprive the Applicant of <br />rights commonly enjoyed by other properties in the same district, namely the right to have <br />additional garage space on the premises. <br /> <br />14. That the variance requested is the minimum variance which would alleviate the hardship. <br /> <br />15. That if granted, the variance will not impair an adequate supply of light and air to adjacent <br />property . <br /> <br />16. That if granted, the variance will not unreasonably increase the congestion in the public <br />street. <br /> <br />17. That if granted, the variance will not increase the danger of fire or endanger the public safety. <br /> <br />18. That if granted, the variance will not unreasonably diminish property values in the <br />neighborhood. <br /> <br />19. That if granted, the variance will not violate the intent of the Comprehensive Plan. <br /> <br />20. That, if granted, the variance will not grant the Applicant any special privileges that are <br />denied to other owners of land in the same district. <br /> <br />The motion for the adoption of the foregoing resolution was duly seconded by Board Member <br />Levine, and upon vote being taken thereon, the following voted in favor thereof: <br /> <br />Chairperson Van Scoy <br />Board Member Levine <br />Board Member Cleveland <br />Board Member Hunt <br />Board Member Rogers <br /> <br />RESOLUTION #08-07-118 <br />Page 2 of3 <br />