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Resolution 1055-16 October 5, 2016 Page 3 1. The general purpose and intent of the Zoning Code regarding front yard building setbacks is to provide a sense of privacy and separation between the building and the public right-of-way. The proposed home to be located on the subject property will maintain a 30’ front yard setback, consistent with minimum standards elsewhere in the R-1 district. 2. The Variance is consistent with the Comprehensive Plan (2010); Goal 4: “Encourage residential infill and redevelopment that supports the City’s housing goals and maintains residential character.” The parent property (7800 Eastwood Rd) was subdivided into two lots in March 2016, creating the subject property (7790 Eastwood Rd), with the intent of constructing a new home. 3. The applicant (Value Homes, LLC) proposes to use the property in a reasonable manner for a single-family residence. 4. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from circumstances over which the property owner had no control. The current property owner (Value Homes) and immediate past owner/developer (Kayak Properties) were not aware of the private 30’ wide drainage easement at the time the property was subdivided in 2016. The private drainage easement is unique to this property. 5. The Variance to reduce the minimum front yard setback from 54’ to 30’ will result in a front yard half the depth as others on the west side of Eastwood Rd. However, a reduced setback will allow construction of a vacant lot for a new single-family home, maintaining the residential character of the neighborhood. 6. The Variance request is the minimum variance which would alleviate the practical difficulties created by the private 30’ wide drainage easement. The Applicant’s Narrative includes a Certificate of Survey, dated “May XX, 2016”, which shows a proposed home encroaching 26’ feet into the private easement (24’ foundation + 2’ overhang). A Variance reducing the front yard setback from 54’ to 30’ will still leave a 2’ encroachment into the private easement, thus, the home plan will need to be adjusted to avoid any encroachment into this easement. 7. The Board of Adjustment and Appeals may impose such conditions upon the premises benefited by a variance as may be necessary. Such conditions are included below: The applicant (Value Homes, LLC) shall clearly disclose to the purchaser of the to-be constructed home that there exists two private easements along the south side yard property line for; (1) a 10’ wide sidewalk (Doc. No. 1172686); and (2) a 30’ wide drainage area (Doc. No. 1172687).