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the future. The city may design a pedestrian path to connect the neighborhood to the trail down the hill to the north of the property (see attachment B). Or, if the University decides to develop the property along the east end of Folwell (west of the tennis courts) for single family lots, the easement may be used as part of the future lots. Therefore, it is important to maintain some distance between the new structure and the property line. The 3 1/2' setback in the rear deck will allow the property owners to put up shrubbery without intruding on the adjacent property and keep an adequate distance from any new use on adjacent properties in the future. It will also allow the structure to be 6' 9" away from the existing elm tree. Recommendation: Staff recommends granting the 1 1/2 foot variance in the required east sideyard of 5' for the rear 5' of the structure in order to provide a maximum opportunity to save the tree and keep its branches away from the structure. This recommendation is made only because the siting of the structure on the trapezoidal lot requires a reduction in the sideyard requirement on only a small portion of the property. Staff would not recommend this variance request if the entire sideyard would be only 3 1/2' because this might become a problem if land use changes occur on the neighboring property to the east in the future. ATTACHMENTS: A. Property owner's statement B. 1) Site plan for 2099 Folwell Avenue 2) Plat map of adjacent properties ACTION REQUESTED: Consider granting a 1 1/2 foot variance in section 9 -4.01 (1](c) of the zoning code because it meets the conditions for granting a variance,.specifically standard g related to the topographic conditions of the property. Place the condition that the variance be allowed for the rear 5 feet of the structure and that the remaining portion of the structure must meet the setbacks in the zoning code.