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COUNCIL MINUTES NOVEMBER 12, 2002 DRAFT • 1.) That the property in question cannot be put to a reasonable use if used under conditions allowed • • by the official controls. Associate Planner Gretz noted the property can be put to reasonable use while still abiding by the Ordinance regulations applying to accessory structures. 2.) That the plight of the landowners is due to physical circumstances unique to his property and not created by the landowner. Associate Planner Gretz pointed out that there are no unique physical circumstances which are unique to the property and come into play in this case. 3.) That the hardship is not due to economic considerations alone, and when a reasonable use for the property exists under the terms of the ordinance. Associate Planner Gretz stated, again, the Ordinance regulati+ which are the focus of this Variance request, do not in any w property in question. plying to accessory structures, preclude a reasonable use of the 4.) That granting the variance requested will not coufer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. Associate Planner Gretz stated that granting the Variance would be conferring upon the applicant a privilege beyond what is required under theZ ,ni g Ordinance and which is not extended to other residents. 5.) That the proposed actions will be in keeping ith the spirit and intent of the ordinance. Associate Planner Gretz note tl t grartti the proposed Variance would not be in keeping with the spirit and intent of the Ordinance, which states that metal accessory buildings in excess of 150 sq. ft. are prohibited for a property of this size and zone. Associate Planner Gretz explained that since the metal building that has been constructed is prohibited under City Ordinance, and since the Variance request does not meet any of the five criteria reviewed above, staff would recommend denial of this Variance application. Councilmember Carlson moved to adopt Resolution No. 02-153, Resolution Denying a Variance for the Construction of a Metal Accessory Building for Property located at 442 Main Street. Councilmember Reinert seconded the motion. Motion carried unanimously. Resolution No. 02-153 can be found in the City Clerk's office. 4