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2.6 The Bauer Home variance is as follows: SECTION 1004.02D5 VARIANCE Code Requirement Proposed Location Variance Requested 30 foot rear yard setback 10 foot rear yard setback 20 feet 3.0 STAFF COMMENT 3.1 Based on the Code definition, it has been determined that this lot has a front yard facing Heinel Court, a side yard facing Heinel Drive and Lake Owasso (interior) and a rear yard facing east, all of which require a 30 foot setback. This in mind, the lot is afforded limited design options given the setback conditions. 3.2 The City has been working on equitable language regarding lot lines (side, rear, and front) and their impact of corner lots. However, any proposed text change will be included in the overall Zoning Ordinance amendment due for Planning Commission consideration in the fall of 200 1. 3.3 The Shore land Ordinance limits the developable area to 25% of the parcel's size. 3.4 The parcel directly to the north (695 Heinel Circle) is currently being developed with a home that has been uniquely designed into the lot. This house has been placed on the parcel 30 feet from the east property line to afford a view of Lake Owasso from the Bauer Home parcel at 691 Heinel Circle. 4.0 STAFF VARIANCE FINDINGS 4.1 Section 10 13 .02 requires the applicant to demonstrate a physical hardship and to demonstrate that no practical alternatives exist that would reduce the need for a variance 4.2 Variance 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. 4.3 "Undue hardship" as used in connection with the granting 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. Specifically to this request: A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: The City has been attempting to deal with the limited options corner lots are presented when proposing development and redevelopment. However, staff has yet to create language for consideration by the Planning Commission or City Council. The City staff has determined that PF3327 RPCA (091201) Page 2