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variance with the intent and purpose of the provisions of this <br />Chapter. <br />The project site has a special circumstance related to its size <br />and shape that warrants variances. The proposed project will <br />be comprised of five separate lots that meet the majority of <br />the development standards pursuant to Section 41-233 of <br />the SAMC with the exception of Lot 1 and Lot 3 having a <br />portion of the structures encroaching into the required front <br />and rear yard setbacks. For Lot 1, the portion of the structure <br />that impedes into the setback is part of the garage. Through <br />the design review phase, it was identified that the location of <br />the garage would better serve the lot towards the west of Lot <br />1, which would allow for the driveway apron and garage to <br />be located on the newly developed street instead of a higher <br />transited King Street. With this in mind, all the garages and <br />driveways will be accessed from the new street including the <br />garage for Lot 5 which also fronts on King Street. Lot 3 has a <br />portion of the home encroaching into the rear yard by <br />approximately four inches. Staff recognizes that a five-foot <br />dedication has been requested to facilitate the future <br />expansion of Fairview Street at the rear yard of Lot 3. This in <br />turn creates an additional item of concern along with the <br />unique shape of the lot that would deprive the property <br />owner certain privileges do develop the lot. Additionally, a <br />condition has been added to guarantee that the five-foot <br />area of dedication be landscaped and maintained until the <br />expansion occurs, therefore mitigating any trash dumping or <br />collection of debris. <br />2. That the granting of a variance is necessary for the preservation <br />and enjoyment of one or more substantial property rights. <br />The granting of these variances is necessary for the <br />preservation and enjoyment of substantial property rights. <br />The granting of the variances will preserve the property <br />owner's ability to develop a vacant lot with a use that is <br />allowed in the Single -Family Residence (R-1) zoning district <br />and will provide new housing opportunities to people wishing <br />to move into the City. The lot size would allow for up to <br />seven units; however, the applicant reduced the total <br />number of units to five as a street design was incorporated, <br />which allows for an improved street circulation and access to <br />the parcels. <br />3. That the granting of a variance will not be materially detrimental to <br />the public welfare or injurious to surrounding property. <br />Resolution No. 2018-27 <br />Page 2 of 11 <br />