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setback from the eastern property line. With this modification, the accessory building will be setback 18 feet from the western property line if the variance is granted. Discussion: City Code states that variances shall only be granted in instances where an undue hardship exists due to special conditions that are peculiar to the land. Under City Code, some of the special conditions that can be considered include, in the case of an existing lot of record, the narrowness, shallowness, insufficient area or shape of the property. It is staff's belief that the narrowness of the lot at the southern edge of Mr. Voit's property causes an undue hardship. City Code also states that a variance cannot be granted unless it can be shown that literal interpretation of the zoning chapter deprives the applicant the rights commonly enjoyed by others. Certainly, strict interpretation of City Code would not allow Mr. Voit to construct the accessory building anywhere on the property without removing the existing play structure. Other properties in the R-1 Zoning District, especially interior lots, are able to construct this type of accessory buildings without a variance. For comer lots, a greater setback is required on side lots. Although staff does no.*. have any specific examples, it can reasonably assumed that there are some other corner lots would be able to construct a similar type of accessory building without a variance. Therefore, it could be argued that the literal interpretation of City Code in this case would deprive the applicant rights commonly enjoyed by other properties. Finally, under City Code, the Board of Adjustment must judge whether or not the special conditions and circumstances causing the undue hardship are caused by the applicant. The special condition (narrowness of the lot) is clearly not the result of the applicant's actions. However, it can be argued that the circumstances requiring the variance (only buildable area is at extreme southern edge of property) is caused by the applicant since he constructed the play structure in an area where the accessory building could possibly be located without a variance. Recommendation: Will be based on your di. scussion. Staff has included two resolutions for your consideration; one to approve the variance ~tnd one to deny the variance. Board Action: Motion to adopt Resolution #01-10- . adopting Findings of Fact # relating to Gary Voit's request for a variance to encroach 12 feet into the comer side yard setback on the property located at 6198 146th A",,e. NW. and Motion to approve Gary. Voit's request for a variance on the property located at 6198 146th Ave. NW, based on the findings of fact, and adopt Resolution #01-10 declaring terms of the variance. or