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4.0 BACKGROUND <br />4.1 Ms. Tamura has entered into a purchase agreement for the residential property at 1000 <br />Woodhill Drive. The property has a Comprehensive Plan designation of Low-Density <br />Residential (LR) and a zoning classification of Single-Family Residence District (R-1). <br />4•2 The variance request is prompted by the applicant's desire to expand the attached garage <br />to accommodate more than one vehicle. <br />5.0 STAFF COMMENT <br />5.1 Although the standard principal structure setback from a side property line is 10 feet, <br />§ 1012.O1B (Alternative Lot Requirements) of the City Code requires a minimum side <br />yard setback of 5 feet on this property. The existing wall of the attached garage stands <br />slightly less than 12 feet from the western side property line, and the applicant proposes <br />to construct a garage addition that would accommodate a second vehicle and extend to a <br />distance of 2 feet from the property line. <br />5•2 Heightened requirements for the fire rating of the proposed garage would be trig ered b <br />the fact that the new garage wall would be so close to the property line, but sinc �these y <br />additional safety measures are addressed as a normal part of the building permit review <br />process, no specific conditions need to be attached to an approval of the requested <br />variance. <br />5.3 While the existing drivewa a <br />y ppears to be wide enough to serve the proposed new garage <br />stall it nevertheless seems likely that the ro e <br />driveway. Since the Setback Permit process would al ow City aff to�adm ni�strhe' <br />approve a 3-foot encroachment of the driveway into the 5-foot setback requiredanlvely <br />§703.04 (Driveway Standards), Planning Division staff believes that it woul <br />reasonable to approve a vqRIANCE that would enable such an expansion of thebe <br />along with the garage project. driveway <br />5.4 At the time this report was prepared, two people had called Co <br />staff about the proposal; both of these callers were simply curiou abou Development <br />proposed and had no significant concerns about granting the requested v <br />t what was being <br />5.5 Section 1013 of the Code states• "yyh ARIANCE. <br />hardships in the way of car In ' ere there are practical di��ulties or unusual <br />iTariance Board shall have he g°ut the strict letter of the provisions of this code, the <br />hearings, to va Power, in a specific case and after notice and <br />y7' any such provision in harmony with the Public <br />thereof and may impose such additional conditions as ' <br />public health, sa e general puy�pose and intent <br />.f tj ; and general welfare mQy be secured nd ubstQ �essa <br />5.6 State Statute 462.357 rY so that the <br />, subd. 6(2) provides authori ntzat justice done. ' <br />variances fi°om the litercrl provisions of the ordinance or the ci <br />enforcement would ccruse urrdue hardshi ty tO hear Yequests foy� <br />individual Yo n rnstances where their strict <br />demonstrcrted ha�u�h er CO�S�derarlonp becQi�Se ofcircumstances uni <br />and to grant such variQnces o que to the <br />°rdlnance. actions will be in kee <br />`Undue hardship ' as used in conne t1On �h the s nly when it is <br />meQns the py�opey.� ln pirit and intent o <br />corrdrtions R'uestion cannot be h the grantin f the <br />allowed b put to g°fQ variQnce <br />\ pa� 8--003 RvBA o_�i� Y the of��ial conlrolS, the a reasonable use if used under <br />� t� _ j,� plight of the landowner is due to <br />� � <br />