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The site poses no physical restraints which would deprive the <br />applicant nor is the size restriction on accessory buildings <br />putting the applicant at a disadvantage when compared to similar <br />sites. <br />In a variance request much like this one, Fuel Economy <br />Contracting, in March of this year, applied for a variance to add <br />accessory structures on their property and thus exceed the 30 <br />percent rule. The variance was denied because there were no <br />special conditions which existed and because the request for the <br />variance was a result from actions of the applicant. <br />It should also be noted that since it appears this structure has <br />already been purchased, it shall not be allowed to be occupied <br />for any use until this request has been reviewed and acted upon <br />by the City Council. The City Building Inspector will not issue <br />an occupancy permit for this structure if it is placed on the <br />property prior to the resolution of this request and shall <br />enforce any violations of the Code resulting from such action. <br />RECOMMENDATION <br />Using the Fuel Economy request as case history and reviewing the <br />specifics of this request, our office would not recommend <br />granting this variance. The request again is resultant from the <br />applicant's actions in that rather than putting a structure which <br />meets allowed size on the site, the applicant wants a variance <br />for a structure already purchased which is too large to meet the <br />requirements. <br />In such case that the Planning Commission should recommend to the <br />City Council that the variance be approved, the following <br />requirements should be a condition of the approval: <br />1. The existing mobile office be removed from the site and <br />replaced by the proposed structure. <br />2. The site be brought into strict compliance with all design <br />criteria relating to paving, curbing, landscaping, parking, <br />and circulation requirements. <br />3. The site be required to conform to the original site plan <br />entitled The Yard, dated 3 -14 -83 presented for this parcel, <br />which would include the above mentioned improvements, and <br />attached as an exhibit. An appropriate financial security <br />- should accompany the building permit application. <br />cc: Joel Hanson <br />Kathy Glanzer <br />John Palacio <br />Mike Lynch <br />Tom Sweeney <br />Jerry Carle <br />3 <br />Page 37 <br />