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— --. 5.11 The plight of the landowner is due to circumstances unique to the propertv not created bv the landowner: The applicant intends to purchase the property if the requested variances are granted. Regardless of the circumstances surrounding the subdivision of this challenging property, the applicant had no hand in creating the conditions that currently exist. The Planning Division has determined that the plight of the landowner is due to unique circumstances not created by the landowner. 5.12 The variance(s), if granted, will not alter the essential character of the localitv: This particular neighborhood has been developed over a number of years. Recent homes were constructed in the late 1990's and early 2000's, while others date back to the 1950's. While this helps to explain some of the variation in setbacks, it does not necessarily support such an allowance on this parcel. The requested variance, however, would allow a home design that better fits the general character of the area than would a house that is made to conform to the required setbacks. The Planning Division has determined that the allowance of the requested VARIANCES 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. C�I=.� �Il�,'I�;�_xK�lu lu_I_�1� 17r M [�J� 6.1 Based on the comments and findings outlined in Section 5 of this report, the Planning Division recommends APPROVAL of the Welp request for a 14-foot VARIANCE from the required front yard setback and a 5-foot VARIANCE from the required rear yard setback, established in § 1004.016 (Residential Setbacks) of the City Code, to allow the construction of the proposed residential structure on the property at 1828 Dale Court, subject to the following conditions. a The structure must remain at least 25 feet from the Dale Street right-of-way and 16 feet from the Dale Court right-of-way. b Consistent with the conditions on the August 22, 2005 Minor Subdivision approval, the applicant must apply for and receive a Dale Court driveway access permit from the Roseville Public Works Department prior to issuance of any building or grading permit. Also prior to issuance of a building permit, the looped driveway shown on the survey dated May 11, 2005 must be removed from the subject property and removed in compliance with the City Code as it pertains to the adjacent property, 1822 Dale Court. If the looped drive is to remain, an access easement must be submitted as part of the building permit application. c The variance shall expire within 6 months of the approval date if a building permit is not issued, pursuant to § 1013.03 of the City Code. 7.0 SUGGESTED ACTION: 7.1 ADOPT VARIANCE BOARD RESOLUTION 52 APPROVING THE REQUESTED VARIANCES to Section 1004 of the City Code that would allow the proposed residential construction at 1828 Dale Court, based on the comments and findings of Section 5 of the project report dated February 7, 2007. PF07-005 RVBA 020707 Page 4 of 5