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(B) Increase in Accessory Structure Height The maximum height of an accessory structure in all residential zoning districts is 15 feet. Staff has approved a few over-height accessory structures in the Downtown Revi- talization District, the majority of which are one-story structures that received sleight height variances in order to construct a roof pitch to match the primary structure. No ap- proved accessory structure, however, is as tall as that proposed by the applicant, and in each approved case (many have been denied), mitigation measures-primarily in terms of increased setbacks or visual screening-accompanied the project to lessen the impact on neighboring properties. Approval of this variance would therefore constitute a special privilege and this finding cannot be made. (C) Increase in Floor Area Ratio The City has supported increases in FAR in the Downtown residential neighborhoods where the area of the subject lot is smaller than the minimum lot size and therefore is not afforded the square-footage that would be granted to a lot that meets the minimum lot size. Approval of a 60.5% FAR on the subject lot, however, would constitute a grant of special privilege since the area of the subject lot exceeds the development standard and the proposed FAR is substantially greater than any FAR variance previously granted. This finding can therefore not 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. (Ord. 1520 ~ 5, 1991; prior code ~ 2-11.29(1)). (A) Decrease in Side Yard Setback The right side yard setback of the existing home is 3.85 feet. The applicant proposes to build first- and second-story additions flush with the existing home. The request to reduce the side yard setback can be supported because the existing setback has proven to not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. This finding can therefore be made. (B) Increase in Accessory Structure Height As conditioned, any proposed accessory structure is required to meet all applicable Uni- form Building Codes and will therefore not be detrimental to public safety or be materi- ally injurious to properties or improvements. Several adjacent neighbors, however, have expressed opposition to the height and location of the structure and the impacts it will have on their light, views and privacy. Staff is therefore unable to make the finding that the over-height accessory structure will not be detrimental to the public health or welfare. (C) Increase in Floor Area Ratio Similar to the above finding, all structures are required to meet all applicable Uniform Building Codes and will therefore not be detrimental to public safety or be materially in- jurious to properties or improvements. Neighbors, however, expressed opposition to the Case No. PV-13l1PADR-1338 Page 4 of6 September 15, 2005