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5.9 The variance, if �ranted, will not alter the essential character of the locality: This particular neighborhood has been improved 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. This would explain some of the variation in front yard and side yard setbacks, but does not necessarily support such an allowance on this parcel. However, the allowance to afford home design flexibility would only enhance the new home and lead to a design that better fits the general character of the neighborhood. The Planning Division has determined that the allowance of a 15-foot VARIANCE 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. G.0 STAFF RECOMMENDATION: 6.1 Based on the comments and findings outlined in Section 5 of this report, the Planning Division recommends approval of the Welezki/Iliff request for a I S-foot VARIANCE to § 1004.016 (Residential Dimensional Requirements - Front Yard Principal Structure Setback) of the City Code to allow the future construction of a home on the vacant parcel at Dale Court and Dale Street, subject to the following conditions: a. The encroachment being limited to 15 feet from the front property line adjacent to Dale Court. b. The design of any home/attached garage must minimize the impact of the encroachment — be designed in such a manner that the home/attached garage are positioned angular to Dale Court. c. The home/attached garage design must be reviewed and approved by the Development Review Committee. d. The variance (if granted) shall expire within 1 year of its approval if a building permit is not issued pursuant to § 1013.03 of the City Code. 7.0 SUGGESTED ACTION: 7.1 ADOPT RESOLUTION 44 APPROVING A 15-FOOT VARIANCE TO §1004.016 (Residential Dimensional Requirements - Front Yard Principal Structure Setback) of the City Code allowing a future home/attached garage encroachment into the required front yard setback for the vacant parcel at Dale Court and Dale Street based on the comments and findings of Section 5 and the conditions of Section 6 of the project report dated September 6, 2006 8.0 NEXT STEPS: 8.1 The decision of the Variance Board is final unless an appeal is filed. The appeal period remains open for 10 days from the date of the decision, and an appeal may be made either by the applicant or by anotlier Roseville property owner. 8.2 An appeal must be submitted in writing to the City Manager by NOON on September 18, 2006 for a hearing before the City Council on Monday, September 25, 2006. PF3781_RVBA_090606Page 4 of 5