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HomeMy WebLinkAboutDept Report HEARING OFFICER DEPARTMENT REPORT August 23, 2004 5d. Woodland Gold Club, Lot 9 The applicant seeks the following development standards variance: Docket No. 04080018 V Chapter 26.02.19 established building setbacks The site is located at 1904 E. 110mSt. The site is zoned S-2/Residence. Filed by Mr. & Mrs. Bromm. General Information: The petitioner would like to tear down an existing house and build a new house, which sits closer to the street than what the platted building setback line of 75 feet allows. The variance petition is requesting approval to allow the house to site 49 feet from the roar fight of way, rather than 75 feet. The main reason for the closer location of the new home is to try and save existing mature trees in the back yard. Analysis'. Several houses on this street have recently wanted to be built closer to the road. Lots 3 and 4 re-platted and now have a 50-ft setback line. Covenant issues, if any, will be resolved by the petitioner; the Department does not have jurisdiction over neighborhood covenants. Aesthetics are the main reason for this variance request. The petitioner will be a good neighbor by building a house with a side load garage, rather than a front load garaged, which may otherwise be offensive to neighbors. The mature trees in the back yard will be saved if the house is allowed to sit closer to the street. Findings of Fact: building setback 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because' The variance is for 26 feet. The house will still sit far enough away from the street to maintain the character of openness as one drives down the street in this neighborhood. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because' The use and value of the area adjacent to the property will not be affected in a substantially adverse manner by allowing 26-ft variance. The house will be 26 feet closer to the road than what the platted building setback line allows. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: The strict application of the Zoning Ordinance may result in practical difficulties in the use of the property due fact that the house floor plan and location on the lot will have to change, which might interfere with the utility line locations and existing mature trees. Recommendation'. The department recommends positive consideration of Docket No. 04080018 V.