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6-D U PLANNING COMMISSION DRAFT RESOLUTION ON FINDINGS FOR VARIANCE AT 2099 FOLWELL January 25, 1993 WHEREAS, on January 25, 1993, the Planning Commission reviewed the application to amend a variance in section 9-4.01 [4] (c) of the zoning code for 2099 Folwell Avenue, approved by the council on May 27, 1992; and WHEREAS, the Planning Commission makes without qualification on the basis of the evidence presented at the meeting the following findings: a. That the amendment to the variance will not be detrimental to the public welfare; b. That the amendment to the variance will not substantially diminish or impair property values or improvements in the area; • c. That the amendment to the the preservation and enjoyment rights; d. That the amended variance supply of light and air to adj. e. That the amended variance use of the public streets; f. That the amended variance of fire or endanger the public variance is necessary for of substantial property will not impair an adequate Scent property; will not impair the orderly will not increase the danger safety; and g. That the unique shape of the tract, together with its location adjacent to an unused public right-of-way is such that a strict adherence to the letter of the Chapter would preclude the preservation of a large existing elm tree on the tract. THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that the variance granted on May 27, 1992 for 2099 Folwell Avenue be amended to an eastside yard setback of 17 feet, 10 inches for the northeastern five feet of the structure and for a maximum of 16 feet, 4 inches from the east side of the property line for the remainder of the structure.