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3.0 STAFF COMMENT 3.1 Variances may be granted where the strict enforcement of the literal provisions of the ordinance would cause "undue hardship". The granting of a variance shall only occur when it can be demonstrated that such an action will be in keeping with the spirit and intent of the ordinance. 3.2 "Undue hardship" as used in connection with the granting of 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 Staff has attempted to work with the Lundells on an alternative that works for them and reduces encroachment as well as meets the hardship criteria. In review of the proposal, staff has determined that the existing principal structure (home and attached garage) is pre-existing non- conforming due to it being located 20 feet into the required 30-foot comer side yard setback. Further, the City has also determined that the existing driveway is pre-existing non-conforming due to it being located 23 feet into the required 30-foot setback from a street intersection (Section 703.04B). 3.5 Staff has determined that the current Lundell proposal does not meet the hardship test. Specifically, the existing garage could be added to the south to create a double deep attached garage or an accessory building could be constructed in the rear yard to accommodate additional vehicles and storage. Staff also cannot support a 10 foot variance to the east property because of the limitations such a structure would have on any future reconstruction, sidewalk or pathway plans for Fairview A venue. 3.6 Through continued efforts to determine whether an alternative other than a double deep or detached accessory building could be supported, staff has concluded that an addition to the existing attached garage of no more than five feet could be supported. The current garage configuration, with a portion of the fireplace extending into the garage space, is an impediment that reduces the function and storage capabilities of the garage. 3.7 A five-foot addition to the east would afford the Lundells additional room to comfortably move around a stored vehicle as well as shelf and floor storage area without compromising any future plans for Fairview Avenue. Placement of a structure five feet from a side corner yard property line has been approved in the past, when hardship has been proven. 3.8 Chart to review required variances as proposed by staff: Code Requirement Existing Condition Proposed Condition Variance Condition Corner Side Yard Setback 30 feet NA 5 feet 25 foot Driveway Setback 30 feet 7 feet 7 feet 23 foot PF3288 - RPCA (021401) Page 2 of 4