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05-28-24-R
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05-28-24-R
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7/9/2024 10:02:52 AM
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Findings of Fact <br />The Planning Commission reviewed this application at their May 8, 2024 meeting and have offered <br />the following findings for your consideration: <br />General Findings: <br />1. City Staff received a land use application for a variance request to the required R-1 Zoning <br />District side yard setback for corner lots at the Subject Property 1511 Dawn Circle. <br />2. A single-family dwelling is a permitted use within the R-1 Zoning District. <br />3. The Applicant states that the proposed addition will not impede sight lines from the <br />roadways. <br />4. The proposed addition would have a decreased side yard setback for a corner lot of 28.2 <br />feet. <br />Variance Findings: <br />1. Variances are only permitted when they are in harmony with the general purposes and <br />intent of the ordinance. <br />2. The proposed addition would not alter the essential character of the neighborhood because <br />the proposed design will look and feel consistent with the existing structure. <br />3. The variance request is not based on economic considerations alone. <br />Options and Motion Language <br />The Planning Commission reviewed this application at their May 8, 2024 meeting. At that time, <br />they recommended approval with conditions of Planning Case 24-008 to decrease the required side <br />yard setback for corner lots from 40 feet to 28.2 feet to allow for the construction of a 12 by 36 <br />foot addition at 1511 Dawn Circle by a 7-0 vote. The following are motion language options for <br />the City Council to consider. <br />• Approval with Conditions: Motion to adopt Resolution 2024-029, approving Planning <br />Case 24-008 for a Variance to construct an addition with a 28.2 side yard setback on a <br />corner lot at 1511 Dawn Circle, based on the findings of fact and the submitted plans, as <br />amended by the conditions in the May 28, 2024, Report to the City Council: <br />1. A Building Permit shall be issued prior to commencement of construction. <br />2. A Zoning Permit shall be issued for the driveway expansion. <br />3. The proposed building addition shall conform to all other standards and regulations in <br />the City Code. <br />• Approval as Submitted: Motion to adopt Resolution 2024-029, approving Planning Case <br />24-008 for a Variance to construct an addition with a 28.2 side yard setback on a corner lot <br />at 1511 Dawn Circle, based on the findings of fact and the submitted materials in the May <br />28, 2024, Report to the City Council. <br />• Denial: Motion to deny Planning Case 24-008 for a Variance to construct an addition with <br />a 28.2 side yard setback on a corner lot at 1511 Dawn Circle, based on the following <br />findings: findings to deny should specifically reference the reasons for denial and why <br />those reasons cannot be mitigated. <br />Page 7 of 8 <br />
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