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S.O STAFF COMMENT 5.1 Section 1004.016 (Residence Setbacks) of the City Code requires homes to be set back a minimum of 30 feet from a front property line; the existing house does not meet this requirement, but for reasons explained below the setback remains legal and conforming. There are a few reasons for the substandard setback and a couple of factors that make it difficult to determine exactly what the existing setback is, all of which is also discussed below. 5.2 This parcel, along with its neighbors to the west and east, was created from an un-platted portion of the 1947 C.W. Michael's Second Addition plat that surrounds it. The parcel's legal description indicates that it stretches from its southern boundary (which coincides with the northern boundary of one part of the C.W. Michael's plat) northward to the Lovell Avenue right-of-way (ROW); the plat only dedicated the 30-foot northern half of the ROW. 5.3 An additional 12 feet was added to this section of the Lovell Avenue ROW in 1949, around the same time that the house was built; this expanded, 42-foot ROW is reflected in Registered Land Survey #301 prepared in 1975. Then in 1980, the southern half of the 60-foot ROW was completed with the dedication of another 18 feet. 5.4 The home appears to have been constructed with a front yard setback of about 34 feet prior to the establishment of the current 30-foot setback requirement with the adoption of the City Code 1959. Then, much later, the depth of the parcel was reduced by 18 feet with the dedication of the 1980 ROW easement, which would have reduced the front yard setback to about 16 feet as it is today. Section 1011.02A2 (Existing Structures) of the City Code states that any pre-existing residential setback which has been made substandard by an official action (like the expansion of the Lovell Avenue ROW) shall still be considered legal and conforming, but that any future additions or improvements must comply with the setback requirements in effect at that time. 5.5 Precisely determining the existing setback has proven difficult, however, for the following reasons: a. While the legal descriptions clearly indicate that the Lovell Avenue ROW is 60 feet wide, all of the available maps incorrectly show a 58-foot ROW; and b. The aerial photography in the City's mapping records appears to be misaligned with the property boundaries in this area by as much as 3 feet. 5.6 Even though the exact setback cannot be determined without a new survey of the property, the requirements of § 1011.02A2 necessitate a variance for any improvements that bring the building closer to the front property line. 5.7 Section 1004.O1A(6) (Maximum Total Surface Area) of the City Code limits impervious coverage to 30% of a single-family residential property. On this lot, up to 3,136 square feet of impervious surface area would be allowed. Because the proposed covered entries are to be constructed over existing pavement, they would not increase the existing impervious surface area which is less than 2,850 square feet, or about 27% of the lot. 5.8 Section 1013 of the Code states: "Where there are practical difficulties or unusual hardships irr the wav of carrying out the strict lettef� of the provisions of this code, the PF08-015 RVBA 040208 Page 2 of 4 • •