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Leon Variance Planning Case No. 553-99 • May 19, 1999 Page 3 f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. The purpose of the Code with regard to setbacks is that living space shall maintain a greater setback from the property lines than an accessory building (shed or garage) which requires a five-foot setback; or a deck, which requires a two-foot setback. The rationale is that living space is a more intensive use. Approving a reduced setback without suitable hardship would compromise the intent of the Code. g. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood A porch at the reduced side yard setback would probably not impair a supply of light or increase congestion, nor would it increase the danger of fire or endanger the public safety or diminish property values. According to the City Code, all of the preceding criteria shall be satisfied in order to justify the • granting of a variance. After much analysis, it appears to staff that in this case there is no hardship, unless the Planning Commission were to take into consideration that the lot area is substandard. (The lot is 75 feet wide by 122 feet deep, for an area of 9,150 square feet, substantially less than the required 11,000 square feet.) Yet the width of the property--75 feet-- does comply with the Code,and it is a matter of property width, not depth or area, which is basis for this variance. Silver Lake Woods PUD: This lot was approved in 1985 as part of the Silver Lake Woods 2nd Addition subdivision and in conjunction with the Silver Lake Woods Planned Unit Development agreement. While density bonuses and reductions in frontage requirements were given to the development to allow for substandard lots, no mention is made in the documentation about allowance for reduced setbacks. Resident Comment: Staff sent out the required public hearing notices to properties within 350 feet of 7386 Parkview Terrace. The property owners to the north, Ken and Ann Stagg of 7390 Parkview Terrace, who would be most affected by this request, have provided a letter in which they indicate their support for this request. Options: A. Direct staff to prepare a resolution approving a variance for a reduced side-yard setback to • allow for the construction of a three-season porch five feet from the side property line.