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02/23/94 17:23 1T812 337 5601 DSU, INC. 4004 /005 WigerNariances 2128194 8 Although some area residents have indicated they do not object to the project and encourage property improvements, there have been objections raised by some neighbors over the encroachment into the rear yard, especially since the yards are tight now, and the proposed addition and garage are both two stories tall. Conclusion The criteria for considering variances in §9 -15.03 Subd. 4 include consideration of the effect on property values and whether there is a hardship with the lot in question because it is substantially different from other properties in the same zoning district. In our opinion, the significant encroachment on the rear yard would have a negative effect on surroundng properties, and we find that there are neighboring lots of similar size and shape which have not encroached on the rear yards. The rear yard variance request is due to decisions by the owner and not to something inherent in the property. Also, the applicant needs to demonstrate that he cannot meet the ordinance standard without causing a hardship. It has not been shown that expanding the house to the south (where no variance would be needed) would create a hardship_ The rear yard variance, therefore, is not justified. If expansion to the south is considered, there is as much lot area available on the side as there is for the proposed addition to the rear. In other words, there would be no penalty in square footage for choosing to go south instead of west. The attached sketch, Available Lot Area, shows that the proposed addition covers about 546 square feet of lot, whereas the available lot area to the south within the setbacks is almost 600 square feet. There is also additional lot area within the setbacks to the north of the existing house about 150 square feet that could be used as well. The applicant says he has considered these options, but we are not convinced that a design professional has exhausted all the possibilities. In our experience, the difficulties cited by the applicant can usually be overcome by an experienced designer. The side yard variance request for the garage is necessary to avoid a hardship, we believe, because a two -car garage of adequate width and depth can be considered a necessity in today's world. The effect on the side yard is Tess than the effect on the existing house if the new garage were to be located further south toward the house. The side yard variance, therefore, is justified. ATTACHMENTS: A Location Map B Property Owner's Statement C Site Plan D Available Lot Area