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Memo to Board of Adjustments/V 97-16 <br /> October 28, 1997 <br /> Page 2 <br /> 1111 located towards the front of the lot, it limits the location of structures that <br /> are placed in the front portion of the property. <br /> Variance <br /> A variance may be'',granted only if it meets the following five conditions: <br /> 1. Literal enforcement of the ordinance will cause undue hardship. <br /> 2. 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 /> 3. 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 /> 4. The special conditions and circumstances are not a consequence of the <br /> petitioner's own action or inaction. <br /> 5. 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 /> 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 /> 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 /> The applicant did not indicate why he needs the detached garage. It might be <br /> possible to design the garage so that it is narrow and longer thereby reducing <br /> • the cluttered appearance and size of the variance. <br /> s:\planning\scott\v97-16.doc <br />