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4. That granting the Variance requested will not confer on the applicant any special <br /> privilege that would be denied by this ordinance to other lands, structures, or <br /> buildings in the same district. <br /> The proposed Variance would allow a side yard setback that is less than what is <br /> required under City Code. Denial of the Variance, however, would require re-siting <br /> a home that is 90% complete. <br /> 5. That the proposed actions will be in keeping with the spirit and intent of the <br /> ordinance. <br /> Approving the Variance would allow a side yard setback of less than what is required <br /> under City Code, but provide resolution for a non-conforming structure that is now <br /> 90% complete. <br /> OPTIONS <br /> 1. Approval of Resolution 01-161. <br /> 2. Denial of Resolution 01-161. <br /> 3. Return to Staff with directions. <br /> RECOMMENDATION <br /> Option 1. <br />