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''� i''� conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance ... The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect". 5.7 The property in question cannot be put to a reasonable use if used under conditions allowed bY the ofticial controls: The applicants' house has functioned since its construction without a discrete entryway. Like having a two-car garage, however, it is reasonable to expect that a modern single-family house has alternatives to entering from the outside directly into the living room or kitchen. This gives homeowners the opporiunity to remove and stow shoes, jackets, and so on. The Planning Division has determined that the property can be put to a reasonable use under the official controls if the VARIANCE request is approved. 5.8 The plight of the landowner is due to circumstances unique to the proqerty not created bv the landowner: According to City records, the existing structure was built in 1950, and was likely developed in compliance with a 30-foot setback from the Fernwood Avenue right-of-way. Sometime after the ariginal improvement of the property, however, it appears that the Fernwood Avenue right-of-way was widened by 3 feet; City records don't contain direct evidence of this in the form of a plat or easement, but there are several signs pointing to this likelihood more indirectly. The effect of this right-of-way expansion was to create a nonconforming, 27-foot, principal-structure setback from the corner side property line. Were it not for this involuntary 3-foot encroachment, the proposed addition could be addressed administratively as a minor variance. The Planning Division has determined that the plight of the landowner is due to unique circumstances not created by the landowner. 5.9 The variance, if granted, will not alter the essential character of the locality: The proposed addition is inconspicuous in size and will be carefully integrated into the design and style of the existing house. The Planning Division has determined that the allowance of the requested VARIANCE will not alter the essential character of the locality, nor adversely affect the public health, safety, or general welfare of the city or adjacent properties. 6.0 STAFF RECOMMENDATION 6.1 Based on the comments and iindings outlined in Section 5 of this report, the Planning Division recommends APPROVAL of Mr. Lindberg's request for a 10-foot VARIANCE to the required principal structure setback from a side property line adjacent to a public street right-of-way, established in § 1004.016 (Residential Setbacks) of the City Code, to allow the construction of the proposed residential addition on the property at 1213 Burke Avenue, subject to the following conditions. PF07-015 RVBA 040407 Page 3 of 4