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1 -4- .2 =a 988 square foot house where the Ordinance requires 3 1 ,000 -square feet; .4 -a 14 foot setback from 37th Avenue N.E. where 30 feet 5 are required on both sides of corner lots. 6 Commission- 7 recommendation: Commissioner Wingard indicated that the* Commission was 8 only recommending the Council grant the lot size 9 variance and permit the house. to be constructed .16 feet 10 from the property line because: 11 -they perceived the layout of the house could be re- 12 drawn for a longer, narrower structure which would 13 move the house two feet further back from the street 14 and reduce the setback variance to less than 50% of 15 what the Ordinance requires; 16 -indicated the Commission had accepted the clarifica- 17 tion of ownership provided .by the deceased owner' s 18 attorney; and 19 -concurred with 'the City Manager' s perception that case 20 law seemed to indicate the City could not prevent this 21 property from being developed at all. 22 Staff reports: Childs had included a copy of his June 12th memorandum 23 to the Commission in the agenda packet which, gave a 24 history of the substandard lot- which he had 25 nevertheless perceived to be "a lot of record" and 26 "buildable" ; 27 cited the variances which had been 'requested; 28 explained how case law appeared to indicate the City 29 would be "taking" the property if the lot were not per- 30 mitted to be developed at all. 31 32 Soth affirmed Councilmember Marks' assumption that a 33 court would probably view the - City' s denial of the vari- 34 ances necessary to build a house on the property as 35 "taking without compensation" ; 36 added that he perceived such denial might be considered 37 to be one .of the clearest cut cases of "hardship" 38 "because the City .would be creating the "ultimate" hard- 39 ship for the land owner because -he would be unable to 40. make use of his property altogether; 41