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<br />Variance-1947 Ridge Lane <br />City Council Memo - August 2, 2004 <br />Page 3 <br /> <br />Review Criteria <br />The following criteria have been used as findings of fact in granting variances to zoning <br />provisions: <br /> <br />A. That special conditions and circumstances exist which are peculiar to the land, <br />structure, or building involved and which are not applicable to other lands, <br />structures, or buildings in the same district. <br /> <br />B. The literal interpretation of the City Code would deprive the applicants of rights <br />commonly enjoyed by other properties in the same district under the terms of <br />Chapter 10. <br /> <br />C. That the special conditions and circumstances do not result from actions of the <br />applicant. <br /> <br />D. That granting the variance requested will not confer on the applicant any special <br />privilege that is denied by Chapter 10 to other lands, structures, or buildings in the <br />same district. No non-conforming use of neighboring lands, structures, or buildings <br />in the same district, and no permitted or nonconforming use of lands, or buildings in <br />other districts shall be considered grounds for the issuance of a variance. <br /> <br />Notification of Adjoining Property Owners <br />Notification was sent to adjoining property owners. No comments have been received at <br />this time. Mrs. Finke also stated that she spoke with the adjacent neighbors on the north <br />side of their property, and she indicated that they had no problems with the request. <br /> <br />RECOMMENDED ACTION <br /> <br />A motion to recommend approval of the variances for 1947 Ridge Lane to construct a <br />garage addition to the City Council with the following conditions: <br /> <br />1) A building permit is required prior to construction of the addition. <br /> <br />2) The soffit on the north side of the garage must meet building code setback <br />requirements and may need to be fire rated. The addition and existing portion may <br />need to be fire rated to building code requirements. A determination of this will be <br />done during the building permit review process. <br /> <br />3) Approval is subject to a one year Sunset Clause; if significant progress is not made <br />towards construction of the proposal within one year of City Council approval, the <br />approval is null and void. <br />