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Page 2 of 2 <br />3. The proposal is in harmony with the purposes and intent of the zoning ordinance. The proposal is 36 <br />consistent with the intent of the zoning ordinances because the proposed combination of zero-foot 37 <br />and 10-foot side yard setbacks maintains a separation between structures equivalent to the sum of the 38 <br />two required five-foot setbacks. 39 <br />4. The proposal puts the subject property to use in a reasonable manner. The proposal makes 40 <br />reasonable use of the subject property because it conforms to the zoning code in all respects except 41 <br />for this reorganization of side yard setback distances. 42 <br />5. There are unique circumstances to the property which were not created by the landowner. Although 43 <br />the subject property is not unique, the pertinent zoning requirement is the unique circumstance 44 <br />driving this variance request. Specifically, the standard minimum setbacks for lots within a medium-45 <br />density residential development fails to account for the possible variations of such development. For 46 <br />example, the lot lines in some townhome developments may coincide entirely with the dwellings’ 47 <br />foundations, technically presenting zero-foot setbacks on all sides of the lots even though the 48 <br />distance between structures may well exceed the sum of the minimum setbacks. 49 <br />6. The variance, if granted, will not alter the essential character of the locality. Because the proposed 50 <br />residential density is well within the permitted limit and the homes will be separated by a distance 51 <br />that conforms to the standard setbacks, the variance, if approved, would not negatively alter the 52 <br />character of the locality. 53 <br />NOW THEREFORE BE IT RESOLVED, by the Roseville City Council, to approve the 54 <br />proposed requested variances on Lots 2-16 and Lots 18-20 of The Enclave at McCarrons Lake, based on 55 <br />the public record and City Council deliberation, with the following conditions: 56 <br />a. The side yards opposite a zero side yard setback shall have setbacks at least 10 feet in width. 57 <br />b. The homeowners’ association shall prohibit new structures and additions to the principal 58 <br />structures that reduce such a side yard setback to less than 10 feet. 59 <br />c. For all zero-setback homes, the developer shall record easements on the abutting lots providing 60 <br />homeowners access to those lots to allow proper maintenance of their homes. 61 <br />WHEREUPON said resolution was declared duly passed and adopted. 62 <br />RCA Attachment F <br />Page 6 of 8