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60 July 18, 2012 <br />Page 4 <br />c. Provide adequate light, air, and access to property; <br />The proposal would not negatively impact adequate light or air from reaching the <br />property or adjacent properties. The variance is needed to bring natural light into a <br />portion of the building that currently does not have any. Criteria met. <br />d. Prevent congestion in the public streets; <br />The proposal will have no impact on the amount of congestion in the public street. <br />Criteria met. <br />e. Prevent overcrowding of land and undue concentration of structures by regulating land, <br />buildings, yards, and densities; <br />The proposed improvement will result in the building exceeding the required 30 -foot <br />setback by three feet. Allowing the variance will result in the building being located 27 <br />feet from the property line instead of the required 30 feet. Staff does not believe that this <br />variance will result in overcrowding or concentration of buildings. Criteria met. <br />f. Provide for compatibility of dlff,rtit land uses; <br />The proposal will not result in a change of land use, nor will it conflict with adjacent land <br />uses. Criteria met. <br />PLANNING COMMISSION RECOMMENDATION <br />'rhe Planning Commission unanimously voted in favor of recommending the requested variance subject <br />to the conditions outlined in the resolution. <br />POTENTIAL ACTION <br />1. Approve (with or without conditions) the Variance. In the event of approval (with or without <br />conditions), the City Council may refer to Exhibit C, and may modify the draft resolution for <br />approval to include any conditions that it deems necessary. <br />2. Deny the Variance. In the event the City Council chooses denial of the requested variance, it <br />should clearly state its reasons for the denial recommendation. <br />ATTACHMENTS <br />• Resolution 12-072; Approving a Three —Foot Variance to the Required 30 -Foot Setback from 37°i <br />Avenue South for the Property at the comer of Foss Road and 37" Avenue NE. <br />• Exhibit A: Location Map <br />• Exhibit B: Applicant's Application <br />• Powerpoint Presentation dated July 24, 2012 <br />