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3.2 "Undue hardship" as used in connection with the granting a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the land owner is due to circumstances unique to the property not created by the land owner, and the variance, if granted, will not alter the essential character of the locality. 3.3 Conditions may be attached to a variance that mitigate the impacts on adjoining properties. 3.4 The construction of the enclosed ramp that the Sabetti's propose has limited options, given the location ofthe house and attached garage on the parcel. 3.5 The house was constructed in 1955 under a different interpretation of the City Code regarding setbacks, wherein side yard comer lot setbacks of 10 feet were allowed. The current code, Section 100402D4 is clear - a 30 foot side yard corner lot setback is required. 3.6 The attached narrative explains the proposal and the Sabetti's hardships. 4.0 STAFF RECOMMENDATION TO ESTABLISH FINDINGS 4.1 Staff recommends the City Council use an outline ofthe following possible findings to determine whether there is an "undue hardship" significant enough to approve the vanance. 4.2 The hardship situation was (was not) created by the applicant or existed prior to the applicant. . . 4.3 The unique physical features or situations within the proposal that could justify a variance include ... 4.4 The economic issues that may (in part) justify a variance include... 4.5 The alternative designs that allow use of the site but do not require a variance include... 4.6 The impacts of the project, if the variance was issued, would (would not) create significant community impacts on the health, safety, or general welfare including... 4.7 Other findings deemed appropriate by the Planing Commission or City CounciL.. PF 3233 RCA (072400) Page 2 of3