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1 <br />1 <br />Council Minutes June 22, 1992 <br />-feet -of garage above the code. The Johnson's are requesting the <br />variance for a detached garage because building an attached <br />garage would require that a large old White Oak tree would have <br />to be destroyed. <br />Council Member Elliott moved to approve Planning and Zoning <br />application No. 92 - 18V granting the variance as recommended by <br />the Planning and Zoning Board. Council Member Kuether seconded <br />the motion. Motion carried unanimously. Finding of fact in <br />support of the variances are as follows: <br />1. The property in question can not be put to a reasonable use <br />if used under conditions allowed by the official controls. <br />This site can be put to a reasonable use as it currently <br />exists, however, the Johnson's would not be able to increase <br />their living area as planned and would not be able to <br />increase their garage area except by the addition of an <br />"accessory" building which could not be considered a garage. <br />2. That the plight of the landowner is due to circumstances <br />unique to his property not created by the landowner. <br />The circumstances which dictate the uniqueness of this site <br />involve the location of a 6 year old well and, more <br />importantly, a 74" diameter tree both located to the west of <br />the existing dwelling. The well and tree make it impossible <br />for the Johnson's to add on to their existing home in this <br />location. Construction on the east side of the house is not <br />a viable alternative. <br />3. The hardship is not due to economic considerations alone, <br />and a reasonable use of the property exists under the terms <br />of the ordinance. <br />The site in question has adequate room for the construction <br />of a detached garage on the west side of the property <br />thereby saving the well from being relocated and the oak <br />tree from being destroyed. The well issue could be <br />considered an economic consideration but the oak tree is a <br />characteristic of the property. <br />4. The granting of the variance requested will not confer on <br />the applicant any special privilege that would be denied by <br />this ordinance to other lands, structures, or building in <br />the same district. <br />Granting the variance will not confer special privilege but <br />PAGE 4 <br />79 <br />