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-2- <br /> which will more closely match the new homes. in..that neighborhood. <br /> • Ms. Tobias . also .said the existing home was built prior to the adoption <br /> of. a City Zoning ordinance. She sees it as a better investment to <br /> build the new addition and do -the necessary remodelling of the interior <br /> than to expend- the same funds to. remodel anon-conforming garage <br /> which uses. valuable backyard space. Ms. Tobias concluded by saying <br /> she had secured the: approval. of her .neighbors to .the north, east and <br /> west to her improvement plans. No one appeared to- speak in opposi- <br /> tion to. the proposal. Before closing the public hearing at 7 : 56 P.M. , <br /> the .Chairman cautioned Ms. Tobias to . confirm with the City building <br /> inspector that the plans for the spiral staircase included in the <br /> changes in the interior meet all the applicable codes and standards . <br /> Noting the City had allowed this property to be .subdivided in such a <br /> manner as to leave the existing- garage -within a foot of the lot <br /> line, Mr. Sopcinski suggested the Commission see this as an example <br /> of action taken in the past proving to. be a. prob.lem .for .the City at <br /> a later date. He then complimented the petitioner for her excellent <br /> presentation of the proposal and securing approval.. of her. .neighbors <br /> prior to the hearing. <br /> Mr. Jones said he was going to move- for a recommendation of approval <br /> for the variance request because he did not. see. thirty foot set- <br /> backs as always necessary for front yards leaving so. much land which <br /> is not usable while most family activities are carried out in the back <br /> yards where there* is more privacy. He saw the- proposal, as presented, <br /> as excellent in that it will provide a dwelling which will be more <br /> • compatible to the rest of the neighborhood. <br /> Motion by Mr. Jones and seconded by Mr._ Peterson .to .recommend Council <br /> approval of a 5 feet 8 inch front yard setback variance as well as <br /> a side yard setback variance of 2 feet 6 inches which will allow <br /> Susan Tobias to construct the additions to thehome at 3121. 39th <br /> Avenue N.E. as proposed. in Exhibit I , Site Plan No. 1, on the con- <br /> dition that the existing .garage on the property is removed--upon <br /> completion. of construction, .finding that granting these variances; <br /> (.1) would result in an overall improvement of the lot and the <br /> existing non-conforming garage can be removed; <br /> (2)_ would aid. in saving the existing aethestics, of. the property by <br /> allowing the preservation of the existing (.stately) . oak tree, and <br /> (3) would relieve a hardship and correct extraordinary circumstances <br /> applicable to this property-,but not applicable. to .other property <br /> in the vicinity or zoning district, as it was .caused by the City <br /> ordinance which was adopted after the existing structure was <br /> built. <br /> The Commission also takes into consideration; (.a) the irregular <br /> setbacks of the adjacent properties , (b) adequate on site parking <br /> which will now be available, (c) support of seventy-five percent <br /> . of the adjacent property owners for the request, and (d) that better <br /> blending of this older home with the newer homes in theneighborhood <br /> can be expected from this improvement. <br /> Motion carried unanimously. <br />