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Memo to the City Council Page 2 <br />May 20, 1996 <br /> <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 /> <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 /> <br />The request to encroach 2 foot into the front yard setback will not adversely <br />affect the appearance of the neighborhood either. The applicant believes that <br />this additional 2 feet will allow him a usable deck area without cutting down <br />the 30" tree in the front yard. The tree will be made a part of the deck <br />expansion. Mr. Rohlf also believes this extra 2 feet will allow him to see his <br />children in the play area on the opposite side of the house. <br /> <br />In 1995, the City Council approved front yard variances of 8 feet (V 95-1), 8 <br />feet (V 95-4), 25 feet (V 95-5), and 5 feet (V 95-10). In at least two of those <br />cases, saving mature trees was cited as one reason for granting the variance. <br />Staff believes that saving the mature tree is significant reason for granting <br />the 2 foot front yard variance. <br /> <br />Planning Commission Recommendation <br /> <br />At the April 23, 1996, Planning Commission meeting, the Planning <br />Commission recommended approval of the variance request. There was <br />unanimous approval for the 5 foot side yard setback; however, there was <br />some discussion of the 28 foot front yard setback. <br /> <br />Not all planning commissioners were convinced that a hardship existed <br />which necessitated the front yard setback variance. The Planning <br />Commission finally recommended approval of the 28 foot front yard setback <br />based on the fact that that 2 foot variance will save a tree of significant size. <br /> <br />Recommendation <br /> <br />Staff and the Planning Commission believe this request meets the five <br />conditions required for a variance. We recommend that the City Council <br />approve this variance to allow a 5 foot side yard setback and a 28 foot front <br />yard setback for the purpose of expanding the existing deck. <br /> <br />s:\planning\kendra\v96-03.doc <br /> <br /> <br />