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5.0 STt�F �011ZMEN'I': <br />5.1 To deternune how required rear yard setbacks apply, one must first determine the front <br />yard. Section 1002.02 (Definitions) provides direction through two '_��,��`c�d',_�;: <br />` �ory� ! <br />5.2 ���'ined as: "That boundary of a lot which abuts a street, and in the case <br />of a corner lot, it shall be „�hould the <br />dimensions be equal, the owner shall designate the front for the record". <br />5.3 �is defined as: "A yard extending across the fu ' , �` � <br />between side lot lines and from the abutting front street rig t-of-way line to the front �"� <br />bu� i�� line in depth. On a corner lot, - s, <br />��■.�i�is definition was amen e m o provi e c ear an " is inc " <br />guidance on the corner lot issue. <br />5.4 A review of these definitions with the Ciry Attorney concluded that because setbacks <br />originate as yard requirements, the <br />directing staff towards applying front and rear yard setback requirements. Because the <br />property fronts Lydia Avenue and has a Lydia Avenue address, its front yard abuts Lydia <br />Avenue; �:!' <br />5.5 Section 1004.016 requires a 30-foot principal structure setback from a rear property line, <br />and the desired living area addition is determined to be an extension of the principal <br />structure. <br />5.6 A review of the surrounding area concludes that a number of corner lots are of similar <br />ents. <br />� r <br />5.7 The principal structure on the Marshall's property lies 36 feet from the rear (north) lot <br />line, 26 feet from the front (south) lot line, 46 feet from the corner side (east) lot line, and <br />34 feet from the interior side (west) lot line. The proposed 22-foot addition would extend <br />the principal structure to a point 14 feet from the rear lot line, and would therefore <br />require a 16-foot VARIANCE to the required rear yard setback. <br />5.8 The variance proposed herein, if granted, will not adversely affect the public health, <br />safety, or general welfare. <br />5.9 Section 1013 of the Code states: "Where there are practical difficulties or unusual <br />hardships faa the e�vay of caa-ryang out the st�act letter of the pa�ovisfloaas of this eocle, <br />the Variance Board shall have the power, in a specific case and after notice and <br />public hearings, to vary any such provision in harmony with the general purpose <br />and intent thereof and may impose such additional conditions as it considers <br />necessary so that the public health, safety, and general welfare may be secured and <br />substantial justice done." <br />PF3762_RVBA_060706Page 2 of 4 <br />