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• <br />• <br />Muehlstedt Variance <br />January 9, 2008 <br />page 4 <br />VARIANCE FINDINGS <br />In considering all requests for Variance or appeal and in taking subsequent action, the <br />City shall make a finding of fact: <br />a. That the property in question cannot be put to a reasonable use if used <br />under conditions allowed by the official controls. <br />Reasonable use of the garage, which was peimitted, constructed, and <br />inspected at what was believed to be the appropriate setback; would be <br />eliminated if the setback was strictly enforced in this case. <br />b. That the plight of the landowners is due to physical circumstances unique <br />to his property not created by the landowner. <br />Due to the topography of the lot, the location of the rear property corner is <br />extremely difficult to ascertain and verify. At the time of the building permit <br />for the structure, no survey was required and the property owner believed he <br />was meeting the setback requirement. <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 structure was permitted, constructed, and inspected approximately twenty <br />years ago and was believed to meet all ordinances at the time. Since then <br />more thorough information has identified that the structure is encroaching <br />approximately 8.5 inches into the setback. While the structure could be <br />removed and reconstructed to meet the ordinance, the cost would be extreme <br />in comparison to the minor nature of the variance being requested. <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 />A 0.71 foot reduction to the side yard setback is a minor deviation from the <br />ordinance, and is not dissimilar to previous variances granted to existing <br />structures that encroached upon setbacks. <br />e. That the proposed actions will be in keeping with the spirit and intent of <br />the ordinance. <br />A 0.71 foot reduction to the side yard setback is a minor deviation and will not <br />contravene the spirit and intent of the ordinance. <br />RECOMMENDATION <br />Staff is recommending approval of the Variance request based on the certificate of survey <br />and the above findings. <br />S ATTACHMENTS <br />Location Map <br />Applicant's justification letter <br />Certificate of Survey submitted December 10, 2007 <br />