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<br />4.3 "Undue hardship" as used in connection with the granting a variance means the property <br />in question cannot be put to a reasonable use if used under conditions allowed by the <br />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. Specifically to this request: <br /> <br />A. The property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls: The City staff has determined that <br />the property can be put to a reasonable use under the official controls. The <br />Boucher's could construct a detached garage 900 square feet in size and also <br />place a 120 square foot garden shed somewhere in the rear yard. However, it is <br />reasonable to allow the combination of the two, limiting the square footage, and <br />restricting the number of accessory structures on the property to one. <br /> <br />B. The plight of the land owner is due to circumstances unique to the property not <br />created by the land owner: Mr. Boucher has lost the use of the storage area in <br />which he keeps the trailer and car, along with many of the seasonable items. The <br />Boucher's have a moderately sized lot at a width of75 feet and a depth of 135 <br />feet (10,125 sq. ft.) that does not support their storage needs. <br /> <br />C. The variance, ifgranted, will not alter the essential character of the locality: <br />The proposed 1008 sq. ft. detached garage would be two feet wider (24 feet) than <br />the existing garage (22 foot) minimizing the mass of the structure from the street <br />view. The structure would be twice as deep (42 feet) as the existing garage (22 <br />foot). The design could be modified through conditions to break-up the mass of <br />the sides facing adjacent properties. Most of the contiguous property owners <br />have signed a petition supporting the Boucher variance and conditional use permit <br />request. Staff has determined that the proposed garage would not alter the <br />essential character or the locality, nor adversely affect the public health, safety, or <br />general welfare, ofthe city or adjacent properties. <br /> <br />5.0 STAFF CONDITIONAL USE PERMIT FINDINGS <br /> <br />5.1 Section 1004.01A4 reads: Requirements For Increasing Maximum Size: The size of <br />detached accessory buildings may be increased from a total of 864 square feet to a <br />maximum total size of 1,008 square feet. A public hearing and approval of a conditional <br />use permit in accordance with Section 1013.01 of this Title, and provided all other <br />applicable provisions of this Section are met, is necessary. Conditions may be attached <br />to the permit to mitigate the impact on adjacent properties, including, but not limited to, <br />increased setbacks, landscape screening, architectural color and detail requirements, <br />drainage provisions, and limiting additional exterior storage. When reviewing an <br />application for a conditional use permit, the Planning Commission and City Council shall <br />consider the following criteria: <br /> <br />1. Impact on traffic. <br />2. Impact on parks, streets and other public facilities. <br />3. Compatibility of the site plan, internal traffic circulation, landscaping and <br />structures with contiguous properties. <br /> <br />PF3323 RPCA (071101) Page 3 of5 <br />