10-29-1984 Council Packet - Laserfiche WebLink

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F Ms. Jeanne Mabusth Cctober 17, 19F" Page 4 sale, indicates that any hardship was willingly assumed . . . Hence, economic loss, if there be anv, was self -implied and self-created." Icy. at 309. C. Uniqueness of the Proper Courts have generally required as a condition of granting a variance that the property in auestion be unique. While the 14teral meaning of that word is virtually never imposed, it dots, imply that the problem for which the applicant seeks a remedy pertaining only to a small class of properties. It should not be - problt„, which is common in the neighborhood or t:roughout the city. Essentially, variances should rerr,;dy those problems which do not quite fit the general sclienie of things. They arf designed to take care of th_- fact that no ordinance, however well drafted, can adiress: every situation which will arise. They should allow a degree of flexibility in a document which must suit a changing community. Variances should not be the means of correcting problems which are widespread or which are clearly known at the time of the adoption of the ordinance. If a problem is both common and well known, the. appropriate remedy is an amendment to the ordinance. The present case is one which cannot be called unique even under a liberal interpretation of that word. There a- at least three additional substandard lots in this immediate neiahbonceod as well as numerous ,uch lots throughout the City of Greno. They are not a iew pheno- menon. They are the result of old viats being in conflict with a 1975 zoning ordinance. It should come 3s a surprise to nc one today, as it must not have surprised anyone when the, current ordinance was adopted, that there are numerous sub,_-tandard lets throughout the Cit, The ordinance acknowledges this in a partial manner in $10.03, subd. f by allowing parcels which are one acre or smaller and for which sewer is available to Le developed as of right if they are within 80% of the required fror:tage and area requirements. This lot, of course, does not qualify under those coriditiorrs, nor do many other lots throughout the City. When an issue is as widespread as is this Dne, it seems preferable to address it by an amendment to the ordinance.