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<br />Resolution No. 06- <br />Page Three <br /> <br />be made that the granting of a variance from the side yard setback to maintain an <br />existing nonconforming setback is not a grant of special privilege. <br /> <br />(B) Increase in Accessory Structure Height <br />The maximum height of an accessory structure in all residential zoning districts is <br />15 feet. Staff has approved several over-height accessory structures in the <br />Downtown Revitalization District. This project is further mitigated by the sloping <br />nature of the lot, where the height of the garage at the rear of the lot is only 10.2 <br />feet tall. This finding can therefore be made. <br /> <br />(C) Increase in Floor Area Ratio <br />The City has supported several increases in FAR in the Downtown residential <br />neighborhoods. This finding can therefore be made. <br /> <br />3. The granting ofthe variance will not be detrimental to the public health, safety, or <br />welfare, or materially injurious to properties or improvements in the vicinity. <br /> <br />(A) Decrease in Side Yard Setback <br />The right side yard setback of the existing home is 3.85 feet. The applicant proposes <br />to build first- and second-story additions flush with the existing home. The request <br />to reduce the side yard setback can be supported because the existing setback has <br />proven to not be detrimental to the public health, safety or welfare, or materially <br />injurious to properties or improvements in the vicinity. This finding can therefore <br />be made. <br /> <br />(B) Increase in Accessory Structure Height <br />As conditioned, any proposed accessory structure is required to meet all applicable <br />Uniform Building Codes and will therefore not be detrimental to public safety or be <br />materially injurious to properties or improvements. This finding can therefore be <br />made. <br /> <br />(C) Increase in Floor Area Ratio <br />Similar to the above finding, all structures are required to meet all applicable <br />Uniform Building Codes and will therefore not be detrimental to public safety or be <br />materially injurious to properties or improvements. This finding can therefore be <br />made. <br />