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Case File: V 07-04 Page 3 Variance Jeff Bickman The existing garage does not meet the city's requirement of having a garage at least 440 sgft in size and without a front yard variance, the property could not support a new garage to meet this minimum requirement. During the staff site plan review, it was indicated that the applicant would also need a variance for the amount of impervious surface being proposed. The memo from the Environmental Administrator outlines this. Applicable Regulations Variance Criteria 1. Literal enforcement of the ordinance will cause undue hardship. Literal enforcement would not allow a functional new structure or one that would meet the city's minimum requirements of square footage. 2. The hardship is caused by Oecial conditions and circumstances which arepeculiar to the_iroperU and the structure involved and which are not characteristic of or yAblicable to other lands or structure in the same area The hardship is caused by special conditions and circumstances, which are peculiar to the property. Due to small lot size, lake setbacks, access to the rear of the propety and the property being located on a cul-de-sac the site has limited buildable area. The development in which the property is located is an older established neighborhood. Since the structures were built, there may have been ordinance changes, as there are other structures in the area that encroach in the current front yard setback requirements. 3. The special conditions and circumstances are not a consequence of the -petitioner's own action or inaction. The conditions are not a consequence of the petitioner's own action or inaction. 4. The literal application of the provisions of this ordinance would derive the -petitioner of rights enoyed by other properties in the same district under the terms of this ordinance. Without a front yard variance, the property could not construct a new functional garage or one that meets the city's minimum requirement. The variance would not establish inconsistency with the neighborhood character. S. The variance will not be injurious to or adversely a ect the health sa e or wel are of the residents of the city or the neighborhood where the4nWeM is located and will be in keeling with spirit and intent of the ordinance The request will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is located. S:\PLANNING\Case Files\Variance\V 07-04 Bickman\V 07-04_BA.doc