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Memo to the Mayor and City Council/V 97-16 <br />November 16, 1997 <br />Page 2 <br /> <br />are placed in the front portion of the property. There are no physical <br />constraints which prevent the applicant from complying with the side yard <br />setback. <br /> <br />Variance <br /> <br />A variance may be granted only if it meets the following five conditions: <br /> <br />1. Literal enforcement of the ordinance will cause undue hardship. <br /> <br />o <br /> <br />The hardship is caused by special conditions and circumstances which <br />are peculiar to the property and the structure involved and which are <br />not characteristic of, or applicable to, other lands or structure in the <br />same area. <br /> <br />o <br /> <br />The literal application of the provisions of this ordinance would <br />deprive the petitioner of rights enjoyed by other properties in the same <br />district under the terms of this ordinance. <br /> <br />The special conditions and circumstances are not a consequence of the <br />petitioner's own action or inaction. <br /> <br />The variance will not be injurious to or adversely affect the health, <br />safety or welfare of the residents of the City or the neighborhood <br />where the property is located and will in keeping with spirit and intent <br />of the ordinance. <br /> <br />The applicant has indicated in his letter that the reason he can not meet the <br />setback requirement is that the garage would be to close to the house making <br />it appear cluttered and squeezed in. Meeting the 20 foot setback would place <br />the garage 8 feet from the existing attached garage; a 6 foot separation <br />between the detached garage and the house is required by the building code. <br />Placing the garage in back of the power line easement would require a <br />driveway 125 feet longer than what would be needed if the garage was <br />constructed in the proposed location, which would be difficult to keep clear in <br />the winter. <br /> <br />The applicant could build an addition to the existing garage, comply with the <br />setback requirement and not need a variance. If the proposed garage was <br />constructed as an addition to the existing attached garage, it would be <br />setback 28 feet from the property line. <br /> <br />s:\planning\scott\v9716cc.doc <br /> <br /> <br />