75A - PH - EIR 1584 E SANTA CLARA AVE

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The reduced street frontage for Lot 12 is a product of requests made by community members, and endorsed by City staff, to create a curve to discourage cat - through traffic in the proposed extension of Lyon Street through the project site. After the applicant agreed to this modification, City staff further determined that a "knuckle" needed to be included in the newly - created curve in Lyon Street in order to accommodate the turning movement for trash trucks and similarly sized vehicles. The applicant agreed to that modification as well. As a result of these two modifications, Lot 12 will have an irregular shape. It will be particularly narrow in the front, and substantially wider toward the rear of the lot. Under SAMC section 41 -638, variance requests may be granted when (1) there are special circumstances related to the property, such as size, shape, topography, location or surroundings, (2) the granting of the variance is necessary for the preservation and enjoyment of substantial property rights, (3) the granting of the variance will not be detrimental to the public or surrounding property, and (4) the granting of the variance will not adversely affect the General Plan. In this case, all four of the required criteria are satisfied. First, the modifications to Lyon Street caused an irregular shape and configuration to Lot No. 12. While 50 feet of street frontage is a standard that makes sense in the context of typical rectangular lots, the insertion of roadway curves tends to encourage generally "pie shaped" parcels, i.e., parcels that are narrow in the front and wider in the back. This is a special circumstance relating to the size, shape, location, and surroundings of the two parcels. Second, granting the variance will allow for the development of Lot 12, whereas denying the variance would deny that lot from being developed to its planned, and highest and best, use. hr this regard, the granting of the variance is necessary for the preservation and enjoyment of the property owners' substantial property rights. Third, the variance will not be detrimental to the surrounding properties. Lot 12 is part of an overall planned development, and will be compliant with all other applicable development standards. Fourth, the project will not adversely affect the General Plan. The proposed project is consistent with the General Plan and zoning designations for the property, will support move -up housing, and will advance each of the following General Plan policies: Policy 1.4 — support development of single - family residential lots; Policy 1.9 — result in a coordinated street and parkway design that is attractive, functional and compatible with adjacent on -site development; Policy 3.5 — encourage new development that is compatible in scale and consistent with the architectural style of the neighborhood; and Policy 5.10 — support a circulation system that is responsive to the needs of pedestrians and vehicular travel. Comments the City received on February 11, 2013 assert that there are no circumstances justifying the grant of a variance here because the overall Sexlinger property is a 5 acre rectangular parcel, and because there is nothing unique about its size, shape, topography, location, or surroundings. The focus on the overall five acre property is misplaced. The variance is sought for the irregular shaped Lot 12 that will result from a subdivision of the property in the manner necessary to accommodate staff and community concerns. In addition, -13- 75A-99