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CCRes_93-10
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CCRes_93-10
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• 3. On November 16, 1992, the city received an inquiry from a <br />neighbor asking if the garage conformed to zoning requirements. <br />Upon review by the city administrator, it was discovered that <br />the garage violated the city's zoning ordinances regarding <br />required setbacks, lot coverage and maximum number of parking <br />spaces, and that the building permit had been mistakenly issued <br />by the city's building official. <br />4. On November 17, 1992, the city issued a stop work order on the <br />garage. <br />5. Under the unique facts of this case involving the mistaken <br />issuance of a building permit, the good faith reliance thereon <br />by the property owner, and substantial completion of the garage <br />prior to discovery of the mistake, the Braces' property, <br />including the garage, cannot be put to a reasonable use without <br />the granting of variances. Under these circumstances, use of the <br />rear yard for a four-car garage is reasonable. <br />6. The mistaken issuance of the building permit is a circumstance <br />which is unique to the property and not created by the property <br />owner. <br />7. The 988 square foot garage is larger than other garages in the <br />neighborhood; however, the regulations prohibit the use of the <br />• garage for commercial purposes and the garage in no way alters <br />the essential residential character of the locality. <br />8. Granting of the variance will not be detrimental to the public <br />welfare and is in accordance with other variances for oversized <br />garages which have been granted inthe area. Offsite visual <br />impacts from the garage are minimal. <br />9. There is substantial and conflicting evidence in the record <br />regarding whether the variance will substantially diminish <br />or impair property values or improvements in the area. The <br />city has reviewed this evidence carefully and finds that the <br />granting of the variance will not substantially diminish or <br />impair property values or improvements in the area. <br />10. The property owners have demolished an existing two-car garage <br />and expended considerable funds and resources to construct a <br />four-car garage in reliance upon a mistakenly-issued building <br />permit. Under these circumstances, the granting of a variance <br />is necessary for the preservation and enjoyment of substantial <br />property rights. <br />11. The garage complies with zoning height requirements and does <br />not impair an adequate supply of light and air to adjacent <br />property. <br />12. The variance will not impair the orderly use of the public <br />streets. <br />
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