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• <br />Muehlstedt Variance <br />January 12, 2005 <br />page 3 <br />The landowner clearly created this plight by building a garage addition, <br />without a building permit, that does not meet the setback requirements. <br />c. That the hardship is not due to economic considerations alone if <br />reasonable use for the property exists under the terms of the ordinance. <br />The property can certainly be put to a reasonable use without the garage <br />addition, or by eliminating that portion of the garage addition that does not <br />meet the setback requirement. <br />d. That granting the variance requested will not confer on the applicant any <br />special privilege that would be denied by this ordinance to other lands, <br />structures, or buildings in the same district. <br />No other properties in this district would typically be allowed to encroach this <br />far into a required setback. <br />e. That the proposed actions will be in keeping with the spirit and intent of <br />the ordinance. <br />The requested variance would clearly contradict the setback standards for this <br />• zoning district. <br />• <br />OPTIONS <br />1. Recommend denial of the proposed Variance. <br />2. Recommend approval of the proposed Variance. <br />3. Return to staff with direction. <br />RECOMMENDATION <br />Staff recommends the following: <br />1. Denial of the Variance request based on the above findings of fact. <br />2. Within 30 days of the City Council's final action the property owner is required to <br />apply for a building permit for any portion of the un- permitted structure that is to <br />remain. This permit application will need to include a survey of the subject <br />property along with any other documentation required by the Building <br />Department. <br />3. Any portion of the un- permitted structure that is to remain must comply with all <br />building code requirements. <br />4. Within 90 days of the City Council's final action the un- permitted structure must <br />be brought into conformance with the setback requirements. <br />ATTACHMENTS <br />Location Map <br />Certificate of Survey for 2215 Reiling Road submitted November 24, 2004 <br />Applicant's photographs submitted November 24, 2004 <br />