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The new situation does not improve any existing non - conformity by <br />removing it or diminishing it. This proposal increases a non- <br />conformity in that it is less in conformance than the existing <br />condition. The expansion of lot frontage along Payne Avenue <br />does, however, eliminate an existing lot frontage non - conformity. <br />In the decision process, the City must look beyond the <br />individual application and look at the City as a whole in <br />approving this type of variance request. Is it important enough <br />for the City to create a new lot that it will allow relaxed <br />setback standards? Our office feels that the City must consider <br />all aspects of this particular application before it sets a <br />possible precedence for this type of application and considers <br />the variance. <br />RECOMMENDATION <br />Based upon our review of the particular facts and merits of this <br />case and the ramifications of variance approvals throughout the <br />City, our office cannot recommend granting a variance from rear <br />yard setback requirements for this particular application. <br />cc: Joel Hanson <br />Kathy Glanzer <br />John Palacio <br />Mike Lynch <br />Daniel Tacheny <br />4 <br />Page 35 <br />