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5.The granting of the application is necessary for the preservation and enjoyment <br />of a substantial property right of the applicant. <br />The applicants will need to provide testimony regarding their need to preserve their <br />property rights by changing the deck into a three season porch and removing the <br />existing garage and building a larger garage with access off of Bluff Street. <br />9.The granting of such variance will not merely serve as a convenience to the applicant, <br />but is necessary to alleviate demonstrable hardship or difiiculty. <br />The variances and vacation would be a convenience to the applicant because <br />the extent of the hardcover variances would be reduced. The lot does have unusual <br />topography from the street and is impacted by the required setback from Bluff Street. <br />Issues <br />1. The lot does not meet minimum lot area or lot wdth requirements. <br />2. <br />3. <br />The e.xisting garage is located within the required street yard setback. <br />The existing deck encroaches into the required side yard adjacent to street setback. <br />The applicant has indicated that the deck needs to be replaced. <br />4.The property is adjacent to Bluff Street which requires a 35' side yard adjacent to street <br />setback. However, the City has not allowed these "fire lanes" to be used for access. The <br />Planning Conunission should discuss the need for a greater setback when tliese platted <br />streets that arc unopen do not function like a typical street. <br />5.The existing situation exceeds hardcover requirements. The applicant is requesting <br />a 10' vacation of Bluff Street which would add more lot area to the property but it would <br />not eliminate anv variances. <br />6. <br />7. <br />The proposed garage exceeds 750 sq. ft. and requjrcs a 15' setback from the property line, <br />The applicant is proposing to use Bluli'Street for access to tlie new garage. This is a change <br />in how these fire lanes have historically functioned. <br />STAFF RECOMMENDATION <br />To review the issues and request vacation and variances with the applicant. <br />if2395 Brent Dentrott <br />1453 Park Drive <br />July 20. 1998 <br />page-" ^