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2c, <br />COUNCIL MEETING OCTOBER 25, 1993 <br />Wyland used the overhead projector and located the lot where a <br />variance is requested. The property is located in the Quail <br />Ridge plat and was one of the first lots to be built on. When <br />the building permit was issued, a certificate of survey indicated <br />that the garage side of the house was located five (5) feet from <br />the side property line as required by the Zoning Ordinance. <br />However, upon completion of the dwelling, an "as -built" survey <br />indicated that the house was actually four (4) feet, three (3) <br />inches from the side property line. This encroaches seven (7) <br />inches into both the side yard setback and a drainage easement. <br />To provide a clear and unclouded title to the property, the <br />builder has requested that a variance be issued. <br />The property owner and builder, Bill Pierce of Pierce & <br />Associates is also the property owner of the lot immediately to <br />the west of this subject property. Therefore, a letter <br />indicating no objections from the adjoining property owner has <br />not been requested. <br />Variances may be granted in instances where the strict <br />enforcement would cause undo hardship because of circumstances <br />unique to the individual property under consideration. Staff <br />recommended the approval of the variance request based on the <br />following findings of fact: <br />1. The property in question cannot be put to use for other than <br />single family purposes. <br />2. The plight of the landowner (actually the future landowner, <br />as the builder is requesting this variance) is due to <br />circumstances not of his making and the variance is <br />necessary to provide clear title to the property. <br />3. The hardship is not due to economic considerations alone and <br />a reasonable use of the property does exist under the terms <br />of the ordinance. <br />4. Granting of the variance will not confer on the applicant <br />any special privilege that would be denied by this ordinance <br />to other lands, structures, or buildings in the same <br />district. <br />5. The proposed action will not unreasonably diminish or impair <br />established property values within the neighborhood. <br />6. The proposed actions will be in keeping with the spirit and <br />intent of the ordinance as the area is zoned for single <br />family development. <br />PAGE 2 <br />1 <br />