SR 06:221 - Laserfiche WebLink

2. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitation on other properties classified in the same zoning district; In order for this finding to be made, there must exist a relationship between the special circumstances applicable to the property and the variance in question. As stated above, staff believes the site topography and existing pool are unique and limit the applicants' placement of additions within the separation requirements. Therefore, there is direct relationship between the uniqueness of the lot and the variance in question and that by granting the subject variance, staff does not feel that the Zoning Administrator will be granting a special privilege to the applicant that is inconsistent with other properties in the same zoning district. Therefore, staff feels that the second finding can be made. 3. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The purpose for having separation and setback regulations is to allow for open spaces for light, air, and views between properties, to prevent excessive overcrowding oflands with structures, and to foster harmonious and workable relationships among properties. The proposed additions would meet the floor area ratio (FAR) and height regulations of the zoning district, which are designed to control the overall mass and height of structures on a property. Furthermore, the northern side addition is one-story and approximately 17\12- feet tall (measured from the ridge to the adjacent grade). In addition, the proposed window on the northern side elevation would be an under cabinet window with an upper frame height of 6 feet as measured from the outside grade. Based on these factors, staff believes that the proposed addition would not be overbearing to the adjacent properties, would not create privacy impacts, nor adversely impact the light, air, open space, and views between properties. Therefore, staff believes that the granting of the variance would not be detrimental to the public health, safety, or general welfare or materially injurious to properties in the area, and this third finding can be made for the variance. PUBLIC NOTICE Notice of the hearing for the administrative design review and variance applications was mailed to those property owners and tenants within 1,000 feet of the subject site. At the writing of this report, staff received emails from Art Dunkley, 4672 Second Street, Joseph Hernan, 4582 Second Street, and Brian and Christine Bourg, 4512 Second Street, indicating their support of the proposed applications. Staff also received a call from Grace Lutman, 4524 Second Street, indicating her support of the proposed applications. Case No. PV-153/PADR-1536 Zoning Administrator 5