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Conclusion <br />Where the City (or some other governmental unit) has created the conditions under which a <br />landowner use of property has been diminished, the City has more typically granted the requested <br />variance, even though there may be some use of the property available without the variance, and <br />the common application of the hardship requirement is lessened. In the Morelan case, this would <br />mean the granting of a variance of up to 7.5 feet toward the cul -de -sac right of was for Australian <br />Avenue, but in no case any closer than 30 feet to Jackson, or 30 feet toward the extension of the <br />straight portion of Australian. <br />This variance would give the Morelans the ability to construct a house in the same location as they <br />would be able to were the Australian cul -de -sac not present. The rationale for the finding that the <br />request meets the requirements of the Zoning Ordinance would be that the City initiated the loss <br />of land for the Australian Avenue cul -de -sac, thus creating the special condition necessary for the <br />consideration of a variance. <br />It should be noted that the Zoning Ordinance limits the grant of a variance to one year, and that <br />the approvals lapse for variances which go unutilized for that time period. Any grant of this <br />variance, if it were to lapse, would not be binding on the City in future years. <br />cc: Joel Hanson <br />Kathy Glanzer <br />Greg Schmidt <br />Steve Morelan <br />Page 21 <br />