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suffered a loss of at least 5~ of its value and <br />possibly more. <br />• ~ s on a variance must be supported by <br />The city s finding <br />substantial evidence~in the recothissev dencehcannotebe <br />referenced appraiser s opinion, evidence <br />ignored. If there is no controverto nt (the Braces' <br />submitted into the record on this Pintend to submit a <br />attorneys have indicated that they ualified real <br />controverting opinion from a so inion as to the lack of <br />property appraiser), mere layro erty value would not be <br />diminution or impairment of p P ercent or <br />enough to overcome the roiertyevalue.f1The question for <br />greater diminution in p P <br />the city would be whether such a ogmthetapplicable <br />"substantial" within the meaning <br />Onl if the city finds that there is no <br />ordinance. y it grant the variances. <br />substantial diminution may <br />ro erty value question <br />If other expert opinion on the p P weigh the <br />is introduced into the record, the city may <br />as a fact finder, determine for itself <br />evidence and, evidence in the record) <br />(based on the conflicting etent <br />whether or not there is ci~ubfindsiabasedlon compin <br />property value. If the Y <br />evidence, that there is no substantial dthengrace or <br />impairment of property values caused by <br />arage, then it is my view that the other standrodriate <br />• g of a variance can be met (with app P <br />the granting court would likely uphold the <br />findings) and a reviewing <br />city's granting of the variances. <br />all variances and require the garage to be down- <br />g. Deny <br />sized to 600 square feet and make no offer to pa <br />costs. <br />1, Denial of variances <br />The request for a variance may be denied. Treduceuthe <br />require the property owner tuarebfeettorlless. <br />size of the garage to 600 sq <br />2, Cit Attorney's opinion <br />would be <br />The city attorney's opinion is that the city <br />the braces and that legal research indicates <br />sued by outcome of the suit would be a <br />that the most likely rohibited from <br />finding by the court that the city is and ordering the <br />requiring the garage to be downsized, <br />city to lift the stop work order if the city does not <br />cover the cost of reasonable damages. <br />• 7 <br />F/zz 153 <br />