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<br />2.6 The Bauer Home variance is as follows: <br /> <br />SECTION 1004.02D5 <br />VARIANCE <br />Code Re uirement <br />30 foot rear ard setback <br /> <br />Pro osed Location <br />10 foot rear ard setback <br /> <br />Variance Re uested <br />20 feet <br /> <br />3.0 STAFF COMMENT <br /> <br />3.1 Based on the Code definition, it has been determined that this lot has a front yard facing <br />Heinel Court, a side yard facing Heinel Drive and Lake Owasso (interior) and a rear yard <br />facing east, all of which require a 30 foot setback. This in mind, the lot is afforded <br />limited design options given the setback conditions. <br /> <br />3.2 The City has been working on equitable language regarding lot lines (side, rear, and <br />front) and their impact of comer lots. However, any proposed text change will be <br />included in the overall Zoning Ordinance amendment due for Planning Commission <br />consideration in the fall of 2001. <br /> <br />3.3 The Shore land Ordinance limits the developable area to 25% of the parcel's size. <br /> <br />3.4 The parcel directly to the north (695 Heinel Circle) is currently being developed with a <br />home that has been uniquely designed into the lot. This house has been placed on the <br />parcel 30 feet from the east property line to afford a view of Lake Owasso from the Bauer <br />Home parcel at 691 Heinel Circle. <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 Variance may be granted where the strict enforcement of the literal provisions of the <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 a variance means the property <br />in question cannot be put to a reasonable use ifused 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 />PF3327 RPCA (071101) Page 2 of3 <br />