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L19 B3 WR Front Yard VariancePLANNING Ar4D ZONING COMMISSION STAFF taPORT January 17, 1995 Lot 19, Block 3, Wildridge Blender Duplex Variance - Front Yard Setback PROJECT TYPE: Duplex ZONING: PUD COMPLIES WITH ZONING? No, Requires a Variance to Front Yard Setback This is a Public Hearing for a variance to the Front Yard Setback Requirements, on Lot 19, Block 3, Wildridge. STAFF RECOMMENDATION Staff recommendation is for approval of Resolution 95-1, which approved the front yard variance request with the condition that the retaining wall have a finished surface. INTRODUCTION: Brian Vedder, on behalf of Dr. and Mrs. Blender, has submitted an application requesting approval of a variance to the front yard setback requirements. The primary hardship being cited for the variance is site topography. Please refer to the application. If approved, the variance would allow for a retaining wall, varying from 2.6' to 8' high, in the front yard setback. The construction of the retaining wall is for the driveway leading to the more buildable portion of the site. Section 17.36.40, Approval Criteria: A. The relationship of the requested variance to existing and potential uses and structures in the vicinity. Comment: The request will not negatively impact existing and potential uses or structures in the vicinity. There is the potential for negative impact due to extensive grading which could lead to erosion problems without the retaining wall in the proposed location B. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibly and uniformity of treatment among sites in the vicinity. Comment: Lot 20, Block 3, Wildridge, received approval of a similar variance to allow a retaining wall in the front yard setback. Site conditions were the reason cited for that application and approval. C. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. PLANNING AND ZONING COMMISSION STAFF REPORT January 17, 1.995 Lot 19, Bloch 3, Wildridge Blender Duplex Variance - Front Yard Setback Comment. The effect of the request will have no negative impacts on light, air, population, transportation, traffic facilities, public facilities, utilities or public safety. D. Such other factors and criteria as the Commission deems applicable to the requested variance. Comment. Staff has not identified any other factors for the Commission to consider. FINDINGS REQUIRED FOR GRANTING OF VARIANCE The Planning and Zoning Commission shall make the following findings before granting a variance: A. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity. B. 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. C. That the variance is warranted for one or more of the following reasons: i. The strict or literal interpretation and enforcement of the regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title; ii. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the vicinity; iii. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity. RECOMMENDED ACTION: 1. Introduce Application 2. Applicant Presentation 3. Open Public Hearing 4. Close Public Hearing PLANNING AND ZONING COMMISSION STAFr ,XPORT January 17, 1995 Lot 19, Block 3, Wildridge Blender Duplex Variance - Front Yard Setback 5. Commission Review 6. Commission Action Respectfully submitted, Mary Holden Town Planner PLANNING AND ZONING ACTION: Approved as submitted ( ) Approved with recommended conditions (*< Approved with modified conditions ( ) Continued ( ) Denied ( ) Withdrawn ( ) Conceptual, No Action ( ) Date / S Sue Railton, Secretary JW.- ' The Commission aoorovedwith the following conditions: 1. The front yard encroachment, on the northwest portion of the site shall be 24 feet.