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existing situation on the Gutierrez lot and the existing drainage, grading, and landscape conditions of the parcel, staff` has concluded that the proposed location, 25 feet from the property line adjacent Irene Street and 7 feet from the north property line, is a practical and reasonable solution to the uniqueness of the parcel. Based on our analysis of the situation the Community Development Staff has determined that the property can be made more livable, minimize additional impervious surface, allow for a small "green" back yard, and can be put to a reasonable use under the official controls, if a variance is granted. B. The plight of the landowner is due to circumstances unique to the property not created by the landowner: Corner lots are the most difficult to develop and become very problematic when attempting to retrofit additions to homes or add accessory structures. Specifically, these lots have a 30 foot front, corner street side yard and rear yard setback (house or attached garage) and either a five foot or ten foot interior side yard setback. when applied to existing lots, it becomes evident that little area is available for expansion needs /desires. The Gutierrez hone was constructed after Section 1004.02134 was adopted; however, it is clear that the City issued permits in this neighborhood (2073 Irene, 422 Crescent} 2052 Irene) along Irene that have similar problems with the 30 foot required setback adjacent a public street. It also complicates the issue when one attempts to determine the front yard. In addition, the City Code states the narrowest frontage adjacent a street on a corner lot is the front yard. Adding to this confusion is a general assumption .(minus Code language) by many individuals that a front yard is the street frontage a principal structure faces. In the case of the Gutierrez parcel, there is also the issue of drainage from north to south in the rear and side yard and how to address /deal with this situation. An air conditioning unit also sets within or near the proposed garage and complicates the setback. These facts limit any proposed structural modifications or detached structure without an approved deviation (variance) from the City Code. The Community Development Staff has determined that the plight of the landowner is due to circumstances unique to the property not created by the landowner (structure placement prior to code, drainage, and topographic issues)* C. The variance, r: f granted, will not alter the essential character of the locality: The improvements proposed (a large deviation from the Code and uncharacteristic) is consistent with how construction activity and building permits have been issued in the past for this neighborhood. Further, Mr. Guti errez's detached accessory structure design adjacent his neighbors, acknowledges some of the potential design issues and places the rnost interesting gable end of the roof of the structure towards the neighbor's lot. The Community Development Staff has determined that this variance, if granted, will not alter the essential character of the locality, nor adversely affect the public health, safety, or general welfare, of the city or adjacent properties. 4 FF3468 - RCA 06/02/03- Page 4 of 6