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Criterion.No. <br />That the variance is necessary because of exceptional or extraordinary <br />circumstances regarding the size, shape, topography, or location of the <br />subject property; or the location of a pre-existing improvement on the <br />subject property that conformed to the zoning code in effect when the <br />improvement was constructed. <br />a Fipdi= The applicant states that with the development of <br />the Plat of Monte Vista in which the subject property is <br />located the original dnveway access to his house was removed <br />in order to accommodate the new cul-de-sac. Now with the <br />elevation differences, the only access to his rear yard area is by <br />way of his neighbor's driveway. <br />b. C ZgIUIions:. The subject property has a large spa with its <br />accessory structures such as the boiler shed and propane tank <br />and an accessory tool shed in the rear yard area. <br />Thy propane tank can only be accessed by way of the <br />neighbor's driveway for re -filling and servicing purposes. <br />There is only 5 to 6 feet between the spa structure and the <br />property line adjacent to the neighbor's driveway in which to <br />place the tank. There is only 9 feet between the spa and the <br />west side property line where the boiler shed is located. <br />Criterion No. L <br />That the variance will not be materially detrimental to the property in the <br />area of the subject property or to the City as a whole. <br />a, Findines:. The applicant states that the placement of the tank <br />was specially permitted by the Fire Marshall because of the <br />greenbelt on the other side of the fence, and also a safe <br />distance from all structures. (Exhibit #3) <br />b. Conclusions: No adverse comments have been received for <br />the proposed variance at this time. No adverse impacts are <br />anticipated as a result of the proposed variance. <br />Critcrion No. 3: <br />That the variance will only grant the subject property the same general <br />rights enjoyed by other property in the same area and zone as the subject <br />property. <br />a. FluslinEs:• The applicant states that many people in the <br />neighborhood have storage sheds directly on the property line <br />including two of the immediate neighbors. While the boiler is <br />attached by underground water lines to the spa, the housing for <br />the boiler is no attached to anything but a small slab it sits on. <br />b. ConclUSim: The neighborhood consists of mainly older <br />homes with some newer homes scattered within the existing <br />