5120 33RD AVE W 2018-01-02 MF Import

C"+ "'"', b. Conclusion #1: There are exceptional circumstances applying to the subject property that do not apply generally to other properties in the vicinity and zone. Criterion No. 2: That such variance is necessary for the preservation and enjoyment of a substantial property right of the appellant possessed by the owners of other properties in the same vicinity or zone. a. Finding #2: This is an area of view homes and this variance will allow the applicant to take full advantage of the view potential. b. Conclusion #2: The variance is necessary for the preservation and enjoyment of a substantial property right possessed by others in the vicinity and zone. Criterion No. 3: That the authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or zone in which the property is located. a. Finding #3: Public Works has commented that 33rd Avenue West will be improved in the future when the vacant parcel to the east develops and questions whether seven and one-half feet would be an adequate setback. City code requires a ten foot side yard setback for corner lots and since in the future when 33rd Avenue West develops, this will function as a side yard, it seems reasonable to require that at a minimum the setback on the east be ten feet for future health and safety of the resident and of the public using the street. Jim Youngquist and Bob Monlux, the owners of the adjacent property to the south, expressed concern about view blockage. They had no objection to the 10 foot front setback on the east if the height of the house was limited and if the setback from the south lot line be 30 feet as indicated on the site plan submitted with the variance application. b. Conclusion #3: It does not appear that granting a variance would be detrimental to the public welfare or to other property in the vicinity or zone if a variance were granted to allow a ten foot east side setback as long as the height of the building was limited and the setback from the soutii, property line was 30 feet. Criterion No. 4: That the granting of such variance will nr" adversely affect the Comprehensive General Plan. a. Finding #4: The proposed use is in conformance with the Comprehensive Plan designation of Single Family Residential, one to five dwelling units per acre. b. Conclusion #4: Granting this variance will not adversely affect the Comprehensive Plan. -2-