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2. That the granting of a variance is necessary for the preservation and <br />enjoyment of one (1) or more substantial property rights. <br />The granting of this variance is necessary for the preservation and <br />enjoyment of substantial property rights. <br />a) Height: The increase in height will allow the property <br />owner to develop the site with townhomes that are <br />competitive with the current real estate market. A two-story <br />product would limit the bedroom count and living areas <br />which would potentially jeopardize the Applicant's ability to <br />develop the subject site. <br />b) Front Yard: The reduction in the required front yard is due <br />to the City requirement for an eight -foot dedication. Without <br />the dedication a greater landscaped yard could be provided, <br />by allowing a reduction to 10 feet will allow the property <br />owner to develop the property with 17 dwelling units. <br />c) Open Space: The reduction in the required open space is <br />also a result of the dedication which will reduces the size of <br />the lot. Flexibility in providing open space on the upper levels <br />will provide multiple patio and balconies for each resident's <br />private use and will provide direct access to the open space <br />from living and dining rooms. <br />d) Access: Allowing a variation in the floor plan configuration <br />will allow the property owner to design a project that is <br />typical of current townhome developments with a stacked <br />floor plan with living area and bedrooms on upper levels. <br />The two -car garage requires a minimum of 400 square feet <br />at the ground level, limiting the amount of square footage for <br />living space at the ground floor. <br />3. That the granting of a variance will not be materially detrimental to the <br />public welfare or injurious to surrounding property. <br />The granting of the variance will not be detrimental to the public or <br />surrounding properties. <br />a) Height: The site plan has been designed to cluster the <br />buildings and place the buildings further away from the <br />existing residential uses with a 45-foot minimum rear setback <br />and 28-foot minimum side setbacks to preserve privacy. In <br />addition, the size and number of windows on the third -story <br />have been limited. Additionally, a condition of approval is <br />included to plant and maintain trees and shrubs along the rear <br />and side property lines to screen views of the property and <br />provide additional privacy. The variance will be similar to the <br />Resolution No. 2019-046 <br />Page 3 of 8 <br />