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Memo to the Planning Commission Page 2 <br /> April 23, 1996 <br /> • When the home was built the neighborhood had a 5 foot side yard setback. <br /> After the home was built the side yard setback was increased to 10 feet. The <br /> addition will not have a significant impact on the side yard setback, as the <br /> existing deck is already at a 5 foot (not 10 foot) setback. <br /> The request to encroach 2 foot into the front yard setback will not adversely <br /> affect the appearance of the neighborhood. The variance is requested is to <br /> allow the applicant to see his children in the play area on the opposite side of <br /> the house. The applicant also believes that this additional 2 feet will allow <br /> him a usable deck area without cutting down the tree in the front yard. The <br /> tree will be made a part of the deck expansion. <br /> This variance request is a result of a special condition of the land. There is <br /> an underground stream running through the property which required that <br /> the home crowd the west lot line. Many of the other homes in this <br /> neighborhood were built with a 5 foot side yard setback; therefore, this <br /> request will not adversely affect other residents in the area. <br /> Variance <br /> A variance may be granted only if it meets the following five conditions: <br /> • 1. Literal enforcement of the ordinance will cause undue hardship <br /> 2. The hardship caused by special conditions and circumstances which are <br /> peculiar to the land and structure involved and which are not <br /> characteristic of, or applicable to, other lands or structures in the same <br /> district. <br /> 3. The literal application of the provisions of this ordinance would deprive <br /> the petitioner of rights enjoyed by other properties in the same district <br /> under the terms of this ordinance. <br /> 4. The special conditions and circumstances are not a consequence of the <br /> petitioner's own action or inaction. <br /> 5. The variance will not be injurious to or adversely affect the health, safety <br /> or welfare of the residents of the City or the neighborhood wherein the <br /> property is situated and will be in keeping with the spirit and intent of <br /> the ordinance. <br /> Recommendation <br /> Staff believes this request meets the five conditions required for a variance <br /> and recommends that the Planning Commission approve this variance to <br /> allow a 5 foot side yard setback and a 28 foot front yard setback for the <br /> • purpose of expanding the existing deck. <br /> s:\planning\kendra\v96-03.doc <br />