03-15-2004 Planning Packet - Laserfiche WebLink

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CityofOROIVO RESOLUTION OF THE CITY COUNCIL NO. 2047 8. Revision of the roof line of the existing house to create a usable second story above the existing house would result in additional encroachment on neighbor's sunlight due to a higher peak, and might also require a variance to maximum height restrictions, and second story structure over garage is less of an encroachment on sunlight or open space. 9. Expansion to create additional space outside the existing walls of the house is limited by the hardship of the small lot sise. The lot was created and existing house constructed prior to formal City soning controls. These conditions are unique to the property and do not generally apply to other developed lots in the LR-IB Zoning District. 96% of the developed lots in the LR~1B Zoning District exceed 0.20 ftcres in area. The subject lot contains 0.199 acres in area. These unique conditions were not created by the applicant. No additional land is available for acquisition by the applicant to make the property more conforming. 10. The second story addition will not alter the essential character of the neighborhood but will be consistent with existing development in the neighborhood. The amount of sunlight, air, and open space in the neighborhood will not be adversely affected to any significant degree. The traffic conditions in the neighborhood will not be adversely affected but actually may be improved. 11. Because one of the general purposes of sideyard setback and height requirements in the Zoning Code is to maximise the amount of open space, air, and sunlight in a neighborhood, it is appropriate to restrict the height of this garage addition, given the side setback variance allowed. 12. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and comments by the public, and the effect of the proposed variance on the health, safety and welfare of the commun.^ty. 13. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property In this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 3 of 6