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suffered a loss of at least 5% of its value and <br /> possibly more." <br /> The city's findings on a variance must be supported by <br /> substantial evidence in the record, such as the above <br /> referenced appraiser's opinion, this evidence cannot be <br /> ignored. If there is no controverting evidence <br /> submitted into the record on this point (the Braces' <br /> attorneys have indicated that they intend to submit a <br /> controverting opinion from a similarly qualified real <br /> property appraiser), mere lay opinion as to the lack of <br /> diminution or impairment of property value would not be <br /> enough to overcome the evidence of a five percent or <br /> greater diminution in property value. The question for <br /> the city would be whether such a diminution is <br /> "substantial" within the meaning of the applicable <br /> ordinance. Only if the city finds that there is no <br /> substantial diminution may it grant the variances. <br /> If other expert opinion on the property value question <br /> is introduced into the record, the city may weigh the <br /> evidence and, as a fact finder, determine for itself <br /> (based on the conflicting evidence in the record) <br /> whether or not there is a substantial diminution in <br /> property value. If the city finds, based on competent <br /> evidence, that there is no substantial diminution or <br /> impairment of property values caused by the Brace <br /> garage, then it is my view that the other standards for <br /> the granting of a variance can be met (with appropriate <br /> findings) and a reviewing court would likely uphold the <br /> city's granting of the variances. <br /> B. Deny all variances and require the garage to be down <br /> sized to 600 square feet and make no offer to pay <br /> costs. <br /> 1. Denial of variances <br /> The request for a variance may be denied. This would <br /> require the property owner to substantially reduce the <br /> size of the garage to 600 square feet or less. <br /> 2. City Attorney's opinion <br /> The city attorney's opinion is that the city would be <br /> sued by the braces and that legal research indicates <br /> that the most likely outcome of the suit would be a <br /> finding by the court that the city is prohibited from <br /> requiring the garage to be downsized, and ordering the <br /> city to lift the stop work order if the city does not <br /> cover the cost of reasonable damages. <br /> 7 <br />