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Meeting Date: 5/18/92 <br />Agenda Item: 2 <br />ITEM: Request for a variance in section 9-4.01 [4](c) of the <br />zoning code for 2099 Folwell Avenue <br />SUBMITTED BY: Ms. Barbara Shiels, Property-Owner <br />Mr. Frank Preese, Property Owner <br />REVIEWED BY: Susan Hoyt, City Administrator acting as planner <br />EXPLANATION/DESCRIPTION: <br />Request: <br />Ms. Shiels and Mr. Preese are planning to build a new home on the <br />vacant lot at 2099 Folwell. They are requesting a variance in <br />the east sideyard requirement of five feet in order to try to <br />save an existing 20" caliper elm tree on the property. The <br />property owner did not request a specific distance for the <br />sideyard variance. After discussions with the city forester and <br />with Ms. Shiels, staff recommends a maximum variance of 1 1/2 <br />feet from the required five feet be considered by the commission. <br />• The location of the structure on the trapezoidal lot make a <br />variance necessary for a small portion of the rear of the <br />structure (see attachment A). This is the deck area. And, if <br />the variance is approved, a portion of the deck will be 3 1/2 ' <br />from the sideyard line. <br />Analysis: <br />As indicated in the site plan (attachment B), the house was <br />originally sited for 10' 3" from the east side lot line. This <br />sideyard is 5' 3" greater than required by the zoning code. <br />Therefore, without granting a variance the dwelling can be moved <br />5' 3" further to the east and 5' 3" away from the elm tree. With <br />a variance of 1 1/2' the tree will be 6'9 " away from the <br />proposed structure. <br />Will this distance adequately protect the tree? The city <br />forester explained that it is difficult to anticipate whether or <br />not a tree will be harmed by construction because root systems <br />vary. There are examples where street projects cut within a few <br />inches of a tree, yet the tree lives. However, she said a <br />distance of more than 5' will give the tree a good chance of <br />surviving. The additional distance of 1 1/2 will increase that <br />possibility as well as keep the tree limbs further away from the <br />proposed structure. <br />The property to the east which will be affected by the request is <br />a 25 foot strip controlled by a city easement. Although there <br />are no plans for using this easement, it is difficult to predict <br />