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h l% River Resolution 24 -29 A Resolution Making Findings of Fact Approving a Variance Application Submitted by Ivan Foxcroft and Permitting an Encroachment into the Front Yard Setback by 16-feet and the Side Yard Setback 10-feet WHEREAS, Ivan Foxcroft, ("Applicant"), has applied ("Application") for two variances to permit a new garage addition to encroach into the front and side yard setbacks for the property located at 20055 Polk Street NW(Case No. V 24-02); and WHEREAS, the record in this matter includes all of the materials submitted to the Board of Adjustments and City Council in connection with the March 25, 2024, Variance Application, including the staff reports and all attachments thereto, all other written materials submitted to the Board of Adjustments and City Council, and all staff presentations and other testimony taken at the public meetings considering the Variances, all of which is incorporated and made a part of the findings of fact and this resolution; and WHEREAS, the Board of Adjustments held a public hearing on April 23, 2024, to receive testimony and evidence from city staff, the Applicant, and any other persons regarding the Variance Application; and WHEREAS, the Board of Adjustments, after having held the public hearing and giving all members of the public an opportunity to speak, denied the Variance Application based on concerns about setting a precedent that could be applied to future similar applications. The Board of Adjustments concluded that the general purpose and intent of the City Code requirements are not met, which will alter the essential charter of the locale. The Board of Adjustments further concluded that a smaller addition could be added without a variance. WHEREAS, denial of a variance by the Board of Adjustments results in an automatic appeal to the City Council; and WHEREAS, the City Council held a public hearing on May 20, 2024, to receive testimony and evidence from city staff, the Applicant, and any other persons regarding whether the Application should be approved; and WHEREAS, the Applicant and all others wishing to speak were given the opportunity to present testimony to the City Council; and WHEREAS, the City Council, at the conclusion of its May 20, 2024, public hearing on the Application, directed staff to prepare a resolution making findings of fact approving the Application for City Council consideration.