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r <br />I <br />•04*3044 <br />Augytl It, 2004 <br />ratt4of4 <br />However, hardship also references “reasonable use if used under the conditions allowed <br />by the official controls ”; this being the 30 ’ required rear yard setback. It is staffs <br />opinion that the property owner has reasonable use, especially since the addition can be <br />achieved within the 30 ’ rear yard setback, recognizing the layout of the existing and <br />proposed improvements will not fit together as well or grading may be required The <br />hardships mentioned above may hold more validity if the applicant had no other options <br />for placement of the proposed addition, bearing in mind that the layout of the existing <br />house is not considered a valid hardship as it isn’t something inherent to the land. <br />Issues for Consideration <br />1. Are the hardships mentioned valid enough to grant variance approval, even tl.ough <br />the applicant could meet the 30 ’ required setback if grading were done and the <br />interior spaces were re-designed? <br />2. Does the sloping topography, by itself, offer a valid hardship? Or. could tlie grading <br />necessar>* to meet the 30 ’ setback be minor enough to require it? <br />3. Should it be relevant that the jogged rear property line was caused by separate <br />acquisition of the east 10 feet of the neighboring lot (the most western 10* in the rear <br />yard was not a part of the original platted lots)? <br />4. Are there any other issues or concerns with this application? <br />Staff RccoameBdatioii <br />Denial of the requested variaxKe as the addition could be moved 10' to the east in order to <br />meet the 30 ’ rear yard setback. <br />Approval of the requested variance only if you find that the sloping topography alone <br />constitutes a hardship restricting the applicant from moving the addition 10 ’ to the east in <br />order to meet the required rear yard setback.