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to agree to waive any clams for alleged additional <br />damages as a condition of the city granting the <br />variances and paying for the downsizing. If so, and <br />the city chooses to purse this option, a short <br />settlement agreement could be executed by the Braces <br />prior to the city taking final action. <br />VI. PROPOSED FINDINGS FOR DISCUSSION (Prepared by city attorney) <br />A. In General <br />State statute specifies the standards and criteria pursuant <br />to which a city may grant a variance from its zoning <br />ordinances. In addition, a city may, by ordinance, adopt <br />additional standards and criteria which must be met for the <br />granting of a variance. The proposed findings which follow <br />are based on the necessary standards and criteria in both <br />state statute and city ordinance. The planning commission <br />and city council are, of course, free to modify the findings <br />or add additional findings. In addition, the city may <br />impose conditions on the granting of a variance to ensure <br />compliance and to protect adjacent properties. <br />B. in support of variances for the garage as built (988 <br />square feet) <br />• 1. On October 23, 1992, the city building official issued <br />a building permit for the construction of a 988 square foot <br />garage at 1433 West Idaho. <br />2. In good faith reliance on the building permit, the <br />owners of the property (Tom and Gunta Brace) contracted for <br />and commenced construction of the 988 square foot garage. <br />The foundation was poured and all structural work was nearly <br />complete or complete by November 17, 1992. <br />3. On November 16, 1992, the city received an inquiry from <br />a neighbor asking if the garage conformed to zoning <br />requirements. Upon review by the city administrator, it was <br />discovered that the garage violated the city's zoning <br />ordinances regarding required setbacks, lot coverage and <br />maximum number of parking spaces, and that the building <br />permit has be mistakenly issued by the city's building <br />official. <br />4. On November 17, 1992, the city issued a stop work order <br />on the garage. <br />5. Under the unique facts of this case involving the <br />mistaken issuance of a building permit, the good faith <br />reliance thereon by the property owner, and substantial <br />• 9 <br />