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Berger could construct the detached accessory structure at the required setback (side or rear yard), but this location would be within the down slope of the yard; require additional fill; add length to the structures foundation; require additional length to the driveway/impervious coverage, and require a Setback Permit in order to provide the required 6 foot separation from structured required by the City Code. The Community Development staff has reviewed the existing (immediate) site conditions, grading plan and survey to determine ifthere is a reasonable solution that supports the variance requested. Based on our review of the existing situation on the Berger lot and the existing drainage, slopes, and retaining the existing landscape conditions of the parcel and adjoining parcel, staffhas concluded that the most practical and reasonable location is 42 feet from the front property line as indicated in the proposal. Based on our analysis of the situation the Community Development Staff has determined that the property can be made more livable, reduce garage door mass along the street, minimize drainage impacts and slope encroachment, minimize additional impervious surface, and can be put to a reasonable use under the official controls, if a variance is granted. B. The plight o/the landowner is due to circumstances unique to the property not created by the landowner: Victoria Street parcels are older parcels with above normal depth (185 feet), with homes built 50 feet or more from front property lines, and the Berger parcel also has a steep slope which moves in a northwesterly direction which creates design and drainage challenges if constructed at the required location. These facts limit any proposed structural modifications or detached structure without an approved deviation (variance) from the City Code. The Community Development Staff has determined that the plight of the landowner is due to circumstances unique to the property not created by the landowner (structure placement prior to code, lot width, and topographic issues). C. The variance, if granted, will not alter the essential character o/the locality: The improvements proposed are consistent with how construction activity and building permits have been issued in the past for this neighborhood. Further, Mr. Berger's detached accessory structure will be set back 42 feet from the property line adjacent Victoria Street while the home to the north is setback 30 feet from the Victoria Street properly. The Community Development Staff has determined that this variance, if granted, 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. 6.0 STAFF RECOMMENDATION: 6.1 Based on the information provided and the findings in Section 5 of this project report, staff recommends approval of a VARIANCE to Section 1004.01A7 of the Roseville City Code for Kenneth Berger, allowing the construction of a detached accessory building in PF3465 - ReA 06/02/03 Page 4 of 6