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REQUEST FOR ACTION <br />To Item Number <br />Ci Council 5.2. <br />Agenda Section Meeting Date Prepared by <br />Communi Develo ment ul 21, 2008 Chris Leeseber ,Park Planner-Planner <br />Item Description Reviewed by <br />Request by Christina Simon for Variance to Lot Frontage erem Barnhart, Plannin Mana er <br />Requirements, Case No. V 08-07 - Public Hearing Reviewed by <br />Action Requested <br />Staff recommends that the City Council deny the request, as illustrated on drawings dated 4-28-08, for the <br />following reasons: <br />1. Literal enforcement will not cause undue hardship as the property already has a viable use <br />(a duplex) on it without a variance. <br />2. There is no hardship nor special conditions and circumstances. The conditions of the <br />site existed prior to the applicant purchasing the property. The current conditions, lot <br />size and setbacks, meet the zoning requirements. <br />3. The applicant was aware of the conditions of the site prior to purchasing the property; <br />which is a duplex on a single parcel of land. <br />4. The property owner is not being deprived of any rights. The property already has a viable <br />use (a duplex) on it without a variance. <br />Board of Adjustment Discussion <br />The Board of Adjustment, on July 8, 2008, unanimously denied the request based on staff <br />recommendations for denial. They agreed that the lot line could be adjusted in a manner which would <br />not require a variance (Exhibit "A") and access for the driveway could be covered by means of an <br />easement. <br />Public Comment <br />No one spoke at the Board of Adjustment public hearing. <br />Attachments <br />• Staff report to Planning Commission dated July 8, 2008 <br />ACtlon Motion by Second by Vote <br />Follow Up <br />S:\PLANNING MAIN\Case Files\Variance\V 08-07 Simon\V 08-07_CC.doc <br />