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lot line rearrangement to help correct a non-conforming situation to the existing residence to the <br />south, 1214 Wildhurst Trail. The residence to the south is the subject property applying for the <br />aAer-the-fact variances. <br />SUIcamit of Hardship: <br />The applicant has included their statement of hardship in Exhibit B. The applicant should also be <br />asked for their testimony regarding this issue. <br />Issues for Consulcration: <br />1. The error in the location of the foundation was discovered after a building permit u’as issued <br />and the residence was almost completed. Would Planning Commission require the residence be <br />moved to conform to the required setback for newr construction? <br />2. The building plans submitted and approved indicate the eaves would not encroach more than <br />the 1 Vi allowed into the side >ard setback. <br />3. The eaves arc not essential to the of the residence. Does Planning Commission find <br />any hardship to allow the caves to rem;-:4,24 is, or should they be cut back to meet the required <br />setback? <br />4. The properi\ is conforming to *^5 the LR-IB zoning district. <br />5. The new residence did not require .'i v sariaices to be constructed. It met hardcover, <br />structural lot coverage and height requirement of the LR-IB zoning district. <br />6. If Planning Commission recommends to deny the aAer the fact variance for the oversized <br />eaves, should the location of the foundation be considered in determining the size of the eaves to <br />be allowed? <br />7. Othci issuo raised by tl.e Planning Commission. <br />Staff Rccuuuucudalion: <br />Staff recommends approval of the aAer the fact variance for side yard setback for encroachment of <br />the foundation <br />Review ing the building plans that were submitted and approved (Set ^ 1). the eaves indicated on the <br />plans do not encroach more than the allowed I Vi. Therefore, staff recommends the aAer-the-fact <br />variance for the encroachment of the eaves into the side yard setback be denied and cut back to <br />conform to required standards. <br />•03-2171 DwiSatlx Wcjuherl) <br />1214 Wildhurst Trail <br />2/14 2003 <br />Pagc3of3