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2.5 Chart to review required variances as proposed: Code Requirement Existing Condition Proposed Condition Variance Condition Corner Side Yard Setback 30 feet 10 feet 5 feet 25 foot Driveway Setback 30 feet 7 feet 7 feet 23 foot 3.0 STAFF CONIMENT 3.1 Variances may be granted where the strict enforcement of the literal provisions of the ordinance would cause "undue hardship". The granting of a variance sha11 only occur when it can be demonstrated that such an action will be in keeping with the spirit and intent of the ordinance. 3.2 "Undue hardship" as used in connection with the granting of 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 properiy not created by the land owner, and the variance, if granted, will not alter the essential character of the locality. 3.3 Conditions may be attached to a variance that mitigate the impacts on adjoining properties. 3.4 Staff has worked with the Lundells on an alternative that works for them and reduces encroachment as well as meets the hardship criteria. Staff has determined that a zero setback variance does not meet the hardship test. Specifically, the existing garage could be added to the south to create a double deep attached garage or an accessory building could be constructed in the rear yard to accommodate additional vehicles and storage. Staff also cannot support a 10 foot variance to the east properiy because of the limitations such a structure may have on any future reconstruction, sidewalk or pathway plans for Fair-view Avenue and because of site line issues. 3.5 Through continued efforts to determine whether an alternative other than a double deep or detached accessory building could be supported, staff has concluded that an addition to the existing attached garage of no more than five feet could be supported. The current garage configuration, with a portion of the fireplace extending into the garage space, is an impediment that reduces the function and storage capabilities of the garage. 3.6 A five-foot addition to the east would afford the Lundells additional room to comfortably move around a stored vehicle as well as shelf and floor storage area without compromising any future plans for Fair-view Avenue. Placement of a structure five feet from a side comer yard property line has been approved in the past, when hardship has been proven. PF3288 — RCA (031201) Page 2 of 5