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�16 provided by the alleyway, the fact that the applicant must have been aware of the sideyard requirement when he recently acquired the property; the need to maintain older neighborhoods, and the possible use of the property by prospective future buyers The motion failed on the following roll call vote: ' Ayes• Councilmen Bury, Norris and Mayor Le�pzig Noes Councilman Barrett, Biagt, Rhodes, Vega MOTION Councilman Barrett moved, seconded by Councilman Biagi, to reverse the Planning Commission and g,�ant the variance to permit the construction of a second dwelling unit behind an original dwell- ing unit with a nine-foot side yard setback where 15 feet is required at 3048 Hoover Street, based on the following findings: 1 Special circumstances would not exist in that improvements on a substantial proportion of other lots similarly situated in the vic�nity and surrounding the sub,7ect property are constructed with sideyards less than that required by ordinance and that primary access to the proposed unit will be afforded by an alley rather than the s�de yard to which the variance applies 2. It is not a special privilege in that a substantial pro- portion of other properties similarly situated in the vicinity and surrounding the sub�ect property are improved with side yards less than that required by ordinance. 3. It is not contrary to the ordinance in that the proposed � construction and use with exception granted will be con- sistent with similar construction and use in the area, and likewise sub�ect to the Zoning Ordinance, and further that the exception is one of degree only, and not a radical variation from the requirements of the ordinance. The motion carried on the following roll call vote. Ayes Councilmen Barrett, Biagi, Rhodes, Vega Noes: Councilmen Bury, Norris and Mayor Leipzig (MINUTE ORDER N0. 77-10) (The Council recessed from 8•ZO to 8 26 p m) Planninq Commission recommendation re exce tions to Subdivision Ordinance 217 Hemlock Street Frank Carli, Applicant) City Manager Fales referred to the material furnished to Council by the Planning Department with the Planning Commission recommen- dation In response to questions, Planning Director Schroeter advised that , he cannot comnent on possible increased assessment to the neighbors if the former lot line creating two 5,000 square foot lots is re- established, that all other lots on the block contain 5,000 feet, -3- Reg.Mtg. 1/10/77