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3.2 An accessory structure between 864 and 1,008 square feet can be constructed in a rear yard if it meets the requirements of Sections 1004.O1A1 (Number of Structures), 1004.01 AS (Overall Area), and 1004.01 A6 (Ma�mum Tota1 Surface Area), and if a CUP is granted. 3.3 Advent Lutheran Church has requested approval of an accessory building that is 192 square feet greater than the City Code allows, requiring the variance. However the accessory structure is 3,660 square feet more than the Church's required rear yard allowance (4,860 sq. ft.). 3.4 Section 1004.O1A2 allows one garden shed that does not exceed 120 square feet. The garden shed is not considered an accessory building, thus is not required to meet certain applicable codes indicated in Section 1004.01. 3.5 Staff has concluded that the Code, when originally developed and through its amendments, does not differentiate single-family residential lot size when determining overall single family allowances. The Code was developed to consider an average parcel with a typical home, then set standards or limiting factors to minimize adjacent property impacts. 3.6 Large church properties zoned single family residential have never been reviewed to determine if special exceptions were appropriate. The variance process has always been thought of as the proper procedure for unique situations. 4.0 STAFF VARIANCE FINDINGS 4.1 Section 1013.02 requires the applicant to demonstrate a physical hardship and to demonstrate that no practical alternatives e�st 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 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 property not created by the land owner, and the variance, if granted, will not alter the essential character of the locality. Specific 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 staff has determined that the property can be put to a reasonable use under the official controls if a 1,008 square foot accessory building were constructed. However, the Code is specifically set-up as a sliding scale to give more accessory building area to larger lots. The Code does not anticipate a single-family residential lot of 5 acres or PF3340 RCA (092401).doc Page 2 of 6