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• <br />AGENDA ITEM 6 E <br />STAFF ORIGINATOR: Mary Kay Wyland <br />DATE OF MEETING: April 24, 2000 <br />TOPIC: Variance, Lyndal Nelson, 87 Lilac Street <br />VOTE REQUIRED: Simple Majority <br />DESCRIPTION: <br />Mr. Lyndal Nelson at 87 Lilac Street is requesting a variance to allow a 442 square foot <br />addition to his existing attached garage for a total garage area of 1,114 sq. ft. The <br />ordinance allows a total of 1,120 sq. ft. with a minimum setback of 30' from a local <br />street. The house sits at a slight angle on the lot so the south/east corner of the garage <br />would be 26.5' from the property line requiring a variance of 3.5' while the north /east <br />corner would exceed the setback requirement by 2'. <br />Although Mr. Nelson has a large lot, 1.6 acres, there is a low area behind the home and a <br />large mound septic system. His preference is to construct this addition to provide for a <br />three -car attached garage. A larger detached garage could be constructed but would need <br />to be located quite some distance from the home and would require the removal of a <br />small existing storage building on the property. The ordinance allows one attached <br />garage and one detached accessory building. The existing detached accessory building <br />was constructed some time ago prior to development of the area. <br />In considering all requests for variance or appeal and in taking subsequent action, the <br />City shall make a finding of fact: <br />1. That the property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls. <br />2. That the plight of the landowners is due to physical circumstances unique to his <br />property not created by the land owner. <br />3. That the hardship is not due to economic considerations alone and when a reasonable <br />use for the property exists under the terms of the ordinance. <br />4. That granting the variance requested will not confer on the applicant any special <br />privilege that would be denied by this ordinance to other lands, structures, or <br />buildings in the same district. <br />5. That the proposed actions will be in keeping with the spirit and intent of the <br />ordinance. <br />In reviewing the Variance Criteria above, Staff would comment that a large maple tree <br />exists directly behind the north/east corner of the proposed addition creating a physical <br />