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<br />. <br /> <br />. <br /> <br />. <br /> <br />privileges not otherwise at minor exception with the intent <br />and purpose of the provisions of this Chapter. <br /> <br />The development project has special circumstances <br />that warrant the granting of a variance. The proposed <br />3D-foot wide structure has offsetting setbacks of 17 <br />feet, 15.5 feet, and 13 feet from the front property line. <br />A survey of the existing front yard setbacks of the <br />adjacent structures has determined that the prevailing <br />setback is 17 feet. There are five existing structures <br />and one under construction on the west side of the <br />block. Two of the five existing structures have an <br />existing front yard setback of 13 feet. The public <br />parkway along this block is an additional 16 feet, <br />which sets back the structure's nearest point at 29 <br />feet from the street. A portion of the structure meets <br />the prevailing setback and coupled with the large <br />parkway, the proposed yard reduction will have <br />minimal impact to the existing street pattern. This <br />project is compatible with the Emmanuel House care <br />home which was approved under Conditional Use <br />Permit No. 1998-12 and is located directly across the <br />street from this project at 807 North Garfield Street. <br />The Emmanuel House is a transitional housing care <br />home for individuals living with HIV/AIDS. <br /> <br />b. <br /> <br />That the granting of a variance is necessary for the <br />preservation and enjoyment of one or more substantial <br />property rights. <br /> <br />The approval of this variance will allow the property <br />owner to continue with construction of a care home in <br />an area that includes a mixture of single and multiple- <br />family residential uses, professional uses, and the <br />Emmanuel House care home immediately across the <br />street from this project at 807 North Garfield Street. <br />The establishment of this structure at this location is <br />consistent with the development pattern. The <br />construction of a care home with the majority of the <br />structure meeting or exceeding the prevailing setback <br />will respect and continue the unusual setbacks found <br />throughout the area. <br /> <br />c. <br /> <br />That the granting of a variance will not be materially <br />detrimental to the public welfare or injurious to surrounding <br />property. . <br /> <br />31A-29 <br /> <br />Resolution No. 2004-04 <br />Page4of8 <br />