32A - KING STREET TRACT MAP SUBDIVISION

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variance with the intent and purpose of the provisions of this Chapter. The project site has a special circumstance related to its size and shape that warrants variances. The proposed project will be comprised of five separate lots that meet the majority of the development standards pursuant to Section 41-233 of the SAMC with the exception of Lot 1 and Lot 3 having a portion of the structures encroaching into the required front and rear yard setbacks. For Lot 1, the portion of the structure that impedes into the setback is part of the garage. Through the design review phase, it was identified that the location of the garage would better serve the lot towards the west of Lot 1, which would allow for the driveway apron and garage to be located on the newly developed street instead of a higher transited King Street. With this in mind, all the garages and driveways will be accessed from the new street including the garage for Lot 5 which also fronts on King Street. Lot 3 has a portion of the home encroaching into the rear yard by approximately four inches. Staff recognizes that a five-foot dedication has been requested to facilitate the future expansion of Fairview Street at the rear yard of Lot 3. This in turn creates an additional item of concern along with the unique shape of the lot that would deprive the property owner certain privileges do develop the lot. Additionally, a condition has been added to guarantee that the five-foot area of dedication be landscaped and maintained until the expansion occurs, therefore mitigating any trash dumping or collection of debris. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of these variances is necessary for the preservation and enjoyment of substantial property rights. The granting of the variances will preserve the property owner's ability to develop a vacant lot with a use that is allowed in the Single -Family Residence (R-1) zoning district and will provide new housing opportunities to people wishing to move into the City. The lot size would allow for up to seven units; however, the applicant reduced the total number of units to five as a street design was incorporated, which allows for an improved street circulation and access to the parcels. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. 32A-11