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VN-238 <br />Page 3 <br />The responsibility of the applicant requesting a variance is to demon- <br />strate the unique and unusual circumstances which exist and the undue <br />hardship which would result if the variance was not granted. Unique <br />and unusual circumstances and undue hardship must apply to the land, <br />i.e. shape or size of the lot. In this case neither the shape of the <br />1 ot, the size of the 1 ot, or p1 acement of the house on the 1 ot. i s <br />unique. The circumstance which is unique to this situation is the. <br />previously existing deck. The applicant's request for a variance is in <br />some ways closely related to a non-conforming use permit.. Under <br />Section 8-380, repairs and maintenance of a non-conformity, the applicant <br />could have repaired the deck up to 50 percent of the current assessor's <br />market value, or obtained permission from the City Council to replace <br />the deck to more than 50 percent of its value via a non-conforming <br />use permit. The standards for a non-conforming use permit are easier <br />to address than those of a variance.. Had the applicant not intended <br />to replace the deck in its entirety a non-conforming use permit could <br />have been applied for and the non-conforming use standards met by <br />reducing the extent of the non-conformity, i.e. increasing the setback <br />from 16th Street NW. (Note: The City Attorney has advised me that a <br />non-conforming use permit applies only to uses that were lawful. when <br />they commenced.) <br />Although the applicant will certainly suffer hardship in the expense <br />and time it would require to rebuild or reduce the size of the deck <br />to conform to the setback requirements, the applicant's hardship does <br />not apply to the property. The applicant's property is not unique to <br />other corner lots in the City and it is possible for the applicant to <br />construct a deck within the setback requirements. The staff recommenda- <br />tion is to deny the variance request. <br />RECOMMENDATION. <br />Motion to waive the reading and approve a RESOLUTION MAKING FINDINGS OF <br />FACT AND RECOMMENDING DENIAL OF VN-238. <br />/~~ <br />Brenda-A. Krueger <br />City Planner <br />