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4.0 BACKGROUND: 4.1 Charles Weleczki owns the vacant parcel at Dale Court and Dale Street. The property is zoned R-1, Single Family Residential, and the Comprellensive Plan identifies the property as Low Density Residential. 4.2 The vacant lot was split off from a larger parcel in August of 2005, which minor subdivision discussed the rationale for supporting the land division without any further variances. The Planning Commission and City Council supported the proposed triangular Minor Subdivision. 43 Since the creation of the parcel, the applicant has been unsuccessful in selling due to the inability of 6 potential buyers to design a home and attached garage that can be designed in a manner that achieves all required setbacks. 5.0 STAFF COMMENT: 5.1 In reviewing the lot and its buildable area, the applicant has concluded that the allowance of an encroachment into the front yard for an attached garage (shown on proposed site plan) or living area would afford a buyer greater design flexibility on the uniquely shaped parcel. 5.2 Due to the parcel's unique shape the VARIANCE encroachment is of a triangular shape which, as proposed, would include a 15-foot encroachment at the northwest corner of the garage to a 2 foot encroachment at the southwest corner of the garage. The City Planner has reviewed the proposal and supports a 15-foot encroachment without design limitations to afford a prospective purchaser greater home design flexibility. 53 §1004.016 (Residential Dimensional Requirements — Front Yard Building Setback) requires a minimum front yard principal structure setback of 30 feet. A review of the City's On-Line Mapping technology reveals most homes have been constructed at a 90 degree angle to the front property line/street in such a manner to afford greater use, and as such most comply with the 30-foot front yard setback requirement. However, there are a few homes in the area that were not constructed at the 30-foot setback. 1821 Dale Court lies approximately 21 feet from the front yard property line; 1810 Alta Vista lies approximately 15 feet from the front yard property line; and 1827, 1836, and 1844 Alta Vista lie approximately 22 feet from the front yard property line. Staff is only aware of a variance granted to the 1810 Alta Vista property. 5.4 In review of the subject parcel, there is no one location that can be deemed more acceptable that the otl�er when it comes to allowing an encroachment. However, allowing a front yard setback encroachment adjacent to Dale Court for an attached garage would be in keeping to other legal encroachments in the direct vicinity and would (in staffls opinion) cause the least amount of iinpact. PF3781_RVBA_090606Page 2 of 5