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4.9 Findings regarding 178 square foot variance to Section 1004.0 I A5: A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: The City staff has determined that the property can be put to a reasonable use under the official controls. The Boucher's could construct a detached garage 832 square feet in size and also place a 120 square foot garden shed somewhere in the rear yard. However, it is reasonable to allow the combination of the two; the allowance of a slightly larger accessory structure than the principal structure; and restricting the number of accessory structures on the property to one. B. The plight of the land owner is due to circumstances unique to the property not created by the land owner: Mr. Boucher has lost the use of the storage area in which he keeps the trailer and car, along with many of the seasonable items. The Boucher's have a moderately sized lot at a width of75 feet and a depth of 135 feet (10,125 sq. ft.) that cannot (without variances) support their storage needs. C. The variance, ifgranted, will not alter the essential character of the locality: The proposed 1008 sq. ft. detached garage would be two feet wider (24 feet) than the existing garage (22 foot) minimizing the mass of the structure from the street view, and the structure is proposed to be twice as deep (42 feet) as the existing garage (22 foot). The design could be modified through conditions to break-up the mass of the sides facing adjacent properties. All but one of the contiguous property owners signed a petition supporting the Boucher variance and conditional use permit request. Staff does not feel that granting these variances will set a precedent for other homeowners to follow. Instead staff relies on the unique circumstances and parcel characteristics upon which to reach certain conclusions. In the case of the Boucher request, staff has determined that the proposed garage would not alter the essential character or the locality, nor adversely affect the public health, safety, or general welfare, of the city or adjacent properties. 5.0 STAFF CONDITIONAL USE PERMIT FINDINGS 5.1 Section 1004.01 A4 reads: Requirements For Increasing Maximum Size: The size of detached accessory buildings may be increased from a total of 864 square feet to a maximum total size of 1,008 square feet. A public hearing and approval of a conditional use permit in accordance with Section 1013.01 of this Title, and provided all other applicable provisions of this Section are met, is necessary. Conditions may be attached to the permit to mitigate the impact on adjacent properties, including, but not limited to, increased setbacks, landscape screening, architectural color and detail requirements, drainage provisions, and limiting additional exterior storage. When reviewing an application for a conditional use permit, the Planning Commission and City Council shall consider the following criteria: 1. Impact on traffic. 2. Impact on parks, streets and other public facilities. 3. Compatibility of the site plan, internal traffic circulation, landscaping and PF3325 RCA (082701) Page 5 of7