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Request for Action <br />To Item Number <br />Board of Adjustments 14.1 <br />Agenda Section Meeting Date Prepared by <br />Public Hearings December 27, 2016 Chris Leeseber , Senior Planner <br />Item Description Reviewed by <br />Renae Hauge — 479 Upland Avenue NW Zack Carlton, Planning Manager <br />■ Front and rear yard setback Variances — Case Reviewed by <br />No. V 16-16 <br />Action Requested <br />Approve, by motion, the front and rear yard setback variance for the following reasons: <br />1. The general purpose and intent of front yard setbacks is to provide a uniform/controlled look to <br />the front of structures. The general purpose and intent of rear and side yard setbacks is to keep <br />structures reasonably separated from one another. The purpose and intent of these setbacks is in <br />harmony with the ordinance. <br />2. The comprehensive plan guides this property as Residential. The proposed residential use is <br />consistent with the Comprehensive Plan. <br />3. Building a residential home on a city approved parcel with setbacks that are more compliant then <br />neighboring properties is using the property in a reasonable manner. <br />4. The plight of the property is that it received variances for lot size and lot width in 2005, prior to <br />the applicant purchasing it. A front yard setback variance was anticipated when the property was <br />platted. <br />5. The character of the locale is one of varying front yard setbacks and approving these variances <br />will not alter that character. <br />and with the following conditions: <br />1. No principal structure can be closer than 20 feet to the south property line. <br />2. An eight (8) foot tall privacy fence shall be constructed on the west property line as shown on the <br />exhibit titled "Fence Location". The actual location may change when the final site plan is <br />determined. <br />3. The variance does not apply to accessory structures. <br />Background/Discussion <br />The property is located at 479 Upland and is zoned Single Family Residential (R1 -c) with principal <br />setbacks as follows: <br />Front: 30 feet (this property is a corner lot which has two front properties) <br />Side: 10 feet <br />Garage: 5 feet <br />Rear: 20 feet <br />