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November 25, 2014 Page 5 CONCLUSIONS The Applicant 's existing home is a legal non-conforming structure according to the Zoning Ordinance, which leaves no alternative but to obtain a variance for any addition (expansion) to the structure. Given the setbacks in the existing ordinance, the Applicant can add onto the home toward the rear property line and still meet the rear yard setback, but the side yard setback is the constraining factor. The Applicant's desire to improve their property by constructing a first story and basement addition to increase the living space for their family is reasonable, especially since the home was constructed in 1965 and the spatial needs of a family have changed over the past 50 years . However, staff questions the need for an addition that continues the approximately 7-foot side yard setback further eastward. There appear to be reasonable alternatives to the proposed configuration that would bring the north -face of the addition into compliance with the side yard setback (even though the rest of the home is non-confirming as it exists today). Staff recognizes that any addition to the existing home will require a variance given the fact that the existing home is a legal non -conforming structure . Staff also acknowledges that an addition to increase the living space of this home is reasonable. However, it is not clear that the extent of the variance requested (an additional 23 feet of building length along the existing non-conforming north side setback) is necessary to accomplish the Applicant's goal. There is a practical difficulty demonstrated by the fact that the lot was platted, and a home was constructed, in a manner that cannot be improved (enlarged) in any manner without the issuance of a variance . RECOMMENDED ACTION 1. Request Additional Information and Continue the Meeting. It appears that the Applicant has provided all of the required information for the City Council 's evaluation. Should the City Council request additional information from the Applicant, the City Council should continue the meeting until a later time. 2 . Approval (with or without conditions) of the Variances. In the event of a decision for approval (with or without conditions), the City Council may refer to Exhibit C and may modify the draft resolution for approval to i nclude any conditions that it deems necessary . 3. Denial of the Variance. In the event the City Council chooses denial of the requested variances, it should clearly state its reasons for the denial and direct staff to prepare a resolution . ATTACHMENTS Exhibit A: Exhibit B: Exh ibit C: Location map Application and Supporting Material Resolution 14-087; a resolution Approving a Variance from the Required Front and Side Yard Setbacks in Order to Construct a First Story and Basement Addition 7.1 feet from the Property Line Along the North Side of the Property located at 3635 Chelmsford Road. 93