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<br />Resolution No. PC-93-02 <br />Page 2 <br /> <br />special circumstances due to the shape and depth of <br />the lot would deprive this homeowner of the use of <br />his property for enjoyment of a two-story addition <br />constructed in the manner proposed and, therefore, <br />this finding can be met. <br /> <br />B. That the granting of the variance will not <br />constitute a grant of special privilege <br />inconsistent with the limitation on other <br />properties classified in the same zoning district. <br /> <br />Rear Yard Encroachment: The granting of this <br />variance will not give this homeowner any special <br />privilege that other homeowners in the immediate <br />vicinity, with properties in the same zoning <br />district, do not or would not possess. On the <br />contrary, staff feels that this property-owner <br />would be restricted from using his property in a <br />manner in which other property-owners, wi th <br />regularly shaped lots and constant depth, would be <br />able to enjoy. Therefore, this finding can be <br />made. <br /> <br />C. That the granting of the variance will not be <br />detrimental to the public health, safety or <br />welfare, or materially injurious to properties or <br />improvements in the vicinity. <br /> <br />Rear Yard Encroachment: The intent of the <br />Municipal Code in requiring a 20 foot rear yard <br />setback for two-story additions is to protect the <br />privacy of neighbors and ensure adequate light, air <br />and open space for each dwelling. The two-story <br />addition has been designed sensitively with the <br />neighbor to the rear, and the neighbor to the side, <br />in mind. <br /> <br />The bulk of the addition would be located closer to <br />Golden Avenue, on the street side of the lot, <br />rather than on the interior side of the house which <br />could impact the neighbor to the west. The <br />addition would maintain a 30 foot distance from the <br />interior side (western) property line. <br />Addi tionally, the applicant has placed only two <br />windows on this western elevation: one larger <br />window in the loft/study, and a smaller window in <br />the utility room. <br /> <br />- <br />