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<br />3.8 The Boucher's have requested approval of an accessory building that is 108 square feet <br />greater than their parcel's allowable rear yard area and 176 square feet greater that the <br />size of the principal structure. <br /> <br />3.9 Staff has concluded the Code would allow an 832 square foot detached accessory <br />structure on the premises with a conditional use permit and a (one) 120 square foot <br />garden shed for a total of 952 square feet of accessory building storage space. <br /> <br />3.10 Staff has considered the impacts of multiple accessory structures on the parcel and <br />determined that an alternative solution on one larger structure is more efficient than <br />constructing a smaller garage and placing a garden shed somewhere on the property. <br />They use the back yard for training of their dog and desire not to have a shed occupying <br />rear yard space. <br /> <br />3.11 Staff has further concluded that an accessory structure 1008 square feet in size eliminates <br />the need for a second structure (garden shed or larger). <br /> <br />3.12 The proposed accessory structure and its placement on the lot reduce the amount of <br />pavement (impervious area) necessary for access and use. <br /> <br />3.13 A single structure allows better control of roof runoff via gutters and the impact rainwater <br />has on adjacent properties. <br /> <br />3.14 By eliminating the shed and constructing a single structure, the overall difference from <br />that allowed by Code (952 sq. ft.) and that proposed by the applicant (1,008 sq. ft.) is 56 <br />square feet. <br /> <br />4.0 STAFF VARIANCE FINDINGS <br /> <br />4.1 Section 1013.02 requires the applicant to demonstrate a physical hardship and to <br />demonstrate that no practical alternatives exist that would reduce the need for a variance. <br /> <br />4.2 A variance may be granted where the strict enforcement of the literal provisions ofthe <br />ordinance would cause "undue hardship". The granting of a variance shall only occur <br />when it can be demonstrated that such an action will be in keeping with the spirit and <br />intent of the ordinance. <br /> <br />4.3 "Undue hardship" as used in connection with the granting of a variance means the <br />property in question cannot be put to a reasonable use if used under conditions allowed <br />by the official controls, the plight of the land owner is due to circumstances unique to the <br />property not created by the land owner, and the variance, if granted, will not alter the <br />essential character of the locality. <br /> <br />4.4 In review of this request, staff has concluded that an alternative proposal would be in the <br />best interest of the City and the adjacent property owners. Staff considered the potential <br />impacts of the request, the potential precedent it would set, fairness to a property owner, <br />ways to compromise, and neighborhood support of the request. <br /> <br />PF3325 RCA (082701) Page 3 of? <br />