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Memo to City Council <br />December 16, 2002 <br />Page 3 <br /> <br /> The hardship is caused by spedal conditions and drcumstances that are peculiar to the <br /> land. The lot size is much smaller than the minimal lot size for the zoning district. The <br /> site is heavily wooded and the house was placed close to the road to minimize the impact <br /> of tree removal. The contour of the terrain limits the applicant's mobility. The location <br /> of the well restricts where the garage could be placed. The property is a corner lot, <br /> which has two front property lines, which further restricts the "side" of the house. <br /> <br />Other properties in the same district do not have the same characteristics (lot size, <br />terrain, vegetation) that limit the land that is available to construct additional garage <br />space. Other properties have detached garages in addition to an attached garage. <br /> <br />4. The ~ ~ and cima97amm~ are not a conmqumce of the petitioner's ovaa action or ~. <br /> <br />The special conditions are not a consequence of the applicant's actions or inactions. The <br />spedal conditions relate to the physical characteristics of the site and the location of the <br />house, well and septic field. The house was purchased in its existing condition by the <br />applicant. <br /> <br />The granting of this variance would not be injurious to or adversely affect the health, <br />safety or welfare of the residents of the city or the neighborhood where the property is <br />located. The removal of oak trees may in fact produce oak wilt in the area if not done <br />properly. <br /> <br />Recommendation <br /> <br />Staff believes that the applicant's proposal (Option B) will meet their wishes and more <br />importantly, their physical needs. The new proposal also has fulfilled the Council's request <br />in redudng the amount of setback variance. <br /> <br />Staff recommends that the City Council grant the variance request, as proposed by the <br />applicant's new proposal (Option B), of the front yard setback from 35-feet to 25-feet on the <br />198th Avenue side. The recommendation is based on the following findings: <br /> <br />LITERAL ENFORCEMENT WOULD REQUIRE THE APPLICANT TO <br />PLACE THE GARAGE IN A LOCATION THAT WILL NOT SUIT THE <br />APPLICANT'S PHYSICAL NEEDS AND WOULD NOT BE ACCESSIBLE <br />OR PLACE IT WHERE THERE IS CONSTANT CONFLICT WITH THE <br />WELL. IT WILL ALSO REQUIRE THE REMOVAL OF A SIGNIFICANT <br />AMOUNT OF TREES TO PLACE THE STRUCTURE IN AN AREA <br />THAT WOULD NOT REQUIRE A VARIANCE. <br /> <br />S:XPLANNING\Case Files\2002\V 02-08 Perd\V02-08 CC-2.DOC <br /> <br /> <br />