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<br />Resolution No. PC-2004-48 <br />Page Three <br /> <br />dimensions and/or lot area. Therefore, this finding for the setback variances can <br />be made. <br /> <br />Slooing Plane Variance. As stated above, if the applicant's lot met the minimum <br />RM-4,000 district standard of70 feet, the sloping plane setback variance would <br />not be needed. Additionally, sloping plane variances have previously been <br />granted to properties in the Downtown area with the same zoning designation and <br />the same lot dimensions. Therefore, this finding for the sloping plane variance <br />can be made. <br /> <br />Building Height Variance. The Downtown location is unique and the structure's <br />design and steeply pitched roof would complement the existing house and would <br />be in keeping with the character of the Downtown. Most of the properties are <br />substandard in lot width, depth, and/or are and was the primary reason the height <br />variances were granted. Although there is not a direct relationship between lot <br />area/lot width and building height, property owners tend to "build up" to achieve <br />additional floor area when space on the ground is limited. Since the subject lot is <br />also constrained in lot width and area, it would not be granting the applicants a <br />special privilege to allow the retention of the existing 25-foot tall building. In <br />addition, approving a height variance in the Downtown to match the design and <br />roof pitch of the existing house would be consistent with the previously granted <br />variances in the Downtown area. Therefore, allowing the variance would not be <br />precedent-setting, and this finding for the building height variance can be made. <br /> <br />3. Granting of the variance will not be detrimental to the public health, <br />safety, or welfare, or materially injurious to properties or improvements in <br />the vicinity. <br /> <br />Setback Variances. As noted above, substandard lots and buildings are not <br />uncommon in the Downtown area. The City's main concern with <br />non-conforming setbacks is that the building code requirements are met. In this <br />case, it is possible to bring the structure up to Code, thus alleviating public health <br />and safety concerns. Therefore, this finding for the setback variances can be <br />made. <br /> <br />Slooing Plane Variance. The sloping plane setback is designed to allow for open <br />space for light, air, and views between two adjacent properties, to reduce the bulk <br />of the structure, and to provide adequate separation of structures for privacy. The <br />existing two-story accessory building is located in the rear yard, approximately <br />ten feet behind the rear wall of the neighbor's house at 4420 First Street. In <br />addition, the existing accessory building is approximately 25 feet form the <br />adjoining property to the south. Thus, given the distance between the subject <br /> <br />Ifl . <br />