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Page 3 <br /> A variance may be granted from the literal provisions of the Zoning Ordinance in instances where <br /> strict enforcement would cause an undue hardship because of unique circumstances and when it is <br /> demonstrated that such a variance would be consistent with the spirit and intent of the ordinance. The <br /> crucial points of the variance are: <br /> (1)Undue hardship. <br /> (2) Unique circumstances. <br /> (3) Applying to property. <br /> (4) Conformance with the comprehensive plan. <br /> (5)Variance shall not be detrimental to adjacent property or to the public as a whole. (Code of 2001) <br /> The applicant has submitted a statement addressing the variance criteria(attached). Their <br /> request is based on a revised proposal where the proposed addition does not encroach into the <br /> front yard setback any more than the existing garage. <br /> The applicant argues that the shape of lot is rare in the City and that the narrowing back yard <br /> is not appropriate for placing additional outbuildings there. The applicant further argues that <br /> the slope of lot is steep in the side yard and much steeper in the back yard(14 to 18% grade) <br /> which creates engineering, drainage and aesthetic problems that are prohibitive to overcome <br /> in a back yard garage option. <br /> I agree with the submitted argument and think the circumstances and hardship are unique <br /> to the property and if approved, will not be detrimental to the adjacent properties <br /> The Planning Commission should recommend approval for the revised site plan to the Council. <br /> STAFF RECOMMENDATIONS <br /> 1. Waive the reading and adopt the attached resolution recommending approval of the front yard <br /> setback variance to the City Council. <br /> Patrick Boylan, City Planner <br /> I:\COMMIS SIONS\PLANNING\Reports\2005\10-18-05\VN05-03_2830 Forestdale Rd.doc <br />