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DPZA <br />ETAILED ROPOSALAND ONING NALYSIS <br />1 <br />The applicant has removed the former structures from the property, built in 1955, with the intent <br />2 <br />of rebuildinga two-story home on the property. The existing foundation would be used, but the <br />3 <br />home would be expanded somewhat to the northwest and incorporate an attached garage in place <br />4 <br />of the former detached garage.The site plan and written narrative detailing the proposal are <br />5 <br />included with this report as Attachment C. <br />6 <br />City Code §1004.08requires a principal structure to be set back 30 feet from the front property <br />7 <br />line, adjacent to Cohansey Boulevard, 30 feet from the “reverse corner” side property line, along <br />8 <br />Irene Street, 30 feet from the northern, rear property line, and five feet from the western, side <br />9 <br />property line.The primary purpose for minimum setback distances from street rights-of-way is to <br />10 <br />ensure some uniformity in how homes are arranged along the streets. Side yard setback <br />11 <br />requirements are small by comparison, and are intended to maintain a minimum amount of <br />12 <br />separation between structures on neighboring properties, anticipating that households generally <br />13 <br />prefer to utilize the larger spaces in the front and year yards.The relatively large rearyard <br />14 <br />setback, then, is meant to guarantee greater space and privacy in rear yards; this large, private <br />15 <br />space is typically achieved by virtue of the fact that one rear yard usually abuts therear yard of a <br />16 <br />adjoining property, which is subject to its own large setback requirement.This same section of <br />17 <br />the zoning code also encourages front porches by allowing them to extend into the required front <br />18 <br />yard, but it still requires a minimum setback of 22 feet from the front property line. Porches are <br />19 <br />facilitated in this way because of the way they create additional opportunities for social <br />20 <br />encounters between people sitting on their porches and their neighbors passing by on the <br />21 <br />sidewalks or streets. <br />22 <br />Because the former home was built before the adoption of the original zoning code in 1959, the <br />23 <br />substandard 21-foot setback from the front property line is a legal, nonconforming condition. As <br />24 <br />such, City Code §1002.04 (Nonconforming Use) would allow the substandard setback to <br />25 <br />continue as a new home in the same location, and would even allowexpansion of the home so <br />26 <br />long as the proposed expansion does not increase the size of the structure where it encroaches <br />27 <br />into the required setback. But the proposal to adda second story to the house, including the part <br />28 <br />of the structure that stands within the required front yard setback, would void the “grandfather” <br />29 <br />status of the legal, nonconforming setback, and the proposal would require approval through the <br />30 <br />variance process. <br />31 <br />The proposed new homewould include a 6-foot front porch; based on the orientation of the front <br />32 <br />(i.e., the southwest side) of the house relative to the front property line, the corner closest to the <br />33 <br />road would project to a point about 15½ feet from the front property line. The former house did <br />34 <br />have a large deck on the southeast side of the house, which stood even closer to the front <br />35 <br />property line than the proposed porch. Decks don’t have roofs like porches do, however, and <br />36 <br />their required setbacks are only 10 feet from property lines adjacent to streets, so the presence of <br />37 <br />the former deck cannot be directly compared to the proposed porch. <br />38 <br />Finally, while the former detached garage was in a location that conformed to the required <br />39 <br />setbacks forsuchaccessory structures, the proposed attached garage is part of the principal <br />40 <br />structure, which would encroach into the required rear yard setback. This, too, would require <br />41 <br />approval through the variance process. <br />42 <br />PF16-017_RVBA_20160713 <br />Page 2of 4 <br /> <br />