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PCAgenda_93Jan25
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PCAgenda_93Jan25
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7/21/2009 3:54:54 PM
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completion of the garage prior to discovery of the mistake, <br />• the Braces' property, including the garage, cannot be put to <br />a reasonable use without the granting of variances. Under <br />these circumstances, use of the rear yard for a four-car <br />garage is reasonable. <br />6. The mistaken issuance of the building permit is a <br />circumstance which is unique to the property and not created <br />by the property owner. <br />7. The 988 square foot garage is larger than other garages <br />in the neighborhood; however, the regulations prohibit the <br />use of the garage for commercial purposes and the garage in <br />no way alters the essential residential character of the <br />locality. <br />8. Granting of the variance will not be detrimental to the <br />public welfare and is in accordance with other variances for <br />oversized garages which have been granted in the area. <br />Offsite visual impacts from the garage are minimal. <br />9. There is substantial and conflicting evidence in the <br />record regarding whether the variance will substantially <br />diminish or impair property values or improvements in the <br />area. The city has reviewed this evidence carefully and <br />finds that the granting of the variance will not <br />• substantially diminish or impair property values or <br />improvements in the area. <br />10. The property owners have demolished an existing two-car <br />garage and expended considerable funds and resources to <br />construct a four-car garage in reliance upon a mistakenly- <br />issued building permit. Under these circumstances, the <br />granting of a variance is necessary for the preservation and <br />enjoyment of substantial property rights. <br />11. The garage complies with zoning height requirements and <br />does not impair an adequate supply of lights and air to <br />adjacent property. <br />12. The variance will not impair the orderly use of the <br />public streets. <br />13. The variance will not increase the danger of fire or <br />endanger the public safety. <br />14. If the variance were not granted, a particular hardship <br />would result to the property owners because of the owners' <br />justifiable reliance on the mistakenly-issued building <br />permit. <br />10 <br />
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