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parked vehicles in the driveway encroaching into the public right-of-way, and ultimately <br /> blocking the public right-of-way. <br /> Findings <br /> Pursuant to Development Title Section 9-827.5, prior to approving an application for a <br /> Variance, the Review Authority shall find that all of the following findings are true: <br /> 1. Special Circumstances. Because of the special circumstances applicable to <br /> the property, including size, shape, topography, location, or surroundings, the <br /> strict application of the regulation deprives the property of privileges enjoyed by <br /> other property in the vicinity and under identical zoning classification. <br /> The applicant states: <br /> "Provide covered or shaded area for driveway." <br /> This finding cannot be made because the property does not have any <br /> special circumstances applicable to it. The parcel is 0.3 acres in size and is <br /> similar in size to the neighboring parcels. The parcel is relatively flat <br /> residential land, of sufficient size and shape to enjoy the same privileges <br /> as other properties in the vicinity., <br /> 2. No Special Privileges. The granting of the Variance will not constitute a grant of <br /> special privileges inconsistent with the limitations upon other properties in the <br /> vicinity and zone in which the property is situated. <br /> The applicant states: <br /> a "Other properties in the area have existing carports either attached or unattached <br /> a to the single family dwelling and/or natural shade." <br /> i <br /> t This finding cannot be made because granting this variance will constitute <br /> a grant of special privileges. There are no limitations upon this property <br /> that are not also on the properties in the vicinity and zone. All properties in <br /> the vicinity are required to abide by the regulations within the General Plan <br /> and Development Title. <br /> 3. Use Authorized. The Variance will not authorize a use or activity which is not <br /> otherwise expressly authorized by the regulation governing the parcel of <br /> property. <br /> The applicant states: <br /> "Due to the fact that similar projects in the area have been constructed without a <br /> permit, this project is being singled out as a result of a complaint. The only zone <br /> regulation issue is concerning setback codes. This can be resolved if granted an <br /> exemption from the setback code. Neighbors agree that the structure is <br /> complimentary and attractive to the neighborhood." <br /> This finding can be made because the Variance does not change any <br /> intended use permitted in the zone. A carport is a permitted use in the R- <br /> Vi_ zone. <br /> 2 . <br />