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• Can the Subject Property be put to a particular reasonable use without a Variance? <br />• Is the plight due to circumstances unique to the Subject Property not created by the Property <br />Owner? <br />• Will the Variance, if granted, alter the locality's essential character? <br />• Economic circumstances alone cannot create undue hardship. <br />Recommendation: <br />City Staff agrees that it appears that there is an undue hardship in locating the structure in the rear yard, <br />completely behind the rear wall of the principal structure due to existing topography and private septic <br />system location. The Board of Adjustment must decide if access to the existing `Structure A' (see <br />findings of fact) is restricted enough in order to be considered an undue hardship in locating the <br />proposed structure even with or behind the front of the principal structure.. Regardless, City Staff <br />recommends that any approval be based on Items #21-23 of the Findings of Fact and not all factors as <br />listed by the Applicant (namely the removal of the existing garden). <br />Board Action: <br />Motion to adopt the Resolution to adopt the Findings of Fact related to the request for a variance at <br />16151 Olivine NW. <br />-and- <br />Motion <br />nd <br />Motion to adopt the Resolution to approve the request for a variance to construct an accessory building <br />nearer the front property line than the principal structure at 16151 Olivine NW, based on the findings <br />of fact. <br />-or- <br />Motion to deny the request for a variance at 16151 Olivine NW, based on the findings of fact. <br />Reviewed by: <br />Planning Manager <br />BOA: 07.01.2010 <br />Attachments: <br />a) Site location map <br />b) Site Plan consisting of two (2) sheets <br />c) Request from Applicant <br />d) Contour Map <br />e) Proposed Findings of Fact <br />f) Proposed Variance <br />2 <br />Copies to: <br />City Attorney <br />