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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 />