31A - CUP - 403 N SUSAN ST - Laserfiche WebLink

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CUP 2014 -49, VA No. 2014 -07 & VA No. 2014 -08 December8, 2014 Page 8 Variance requests are governed by Section 41 -638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property. • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. In analyzing the variance requests staff must be able to show that findings can be made that support the criteria listed above. • The project site has a special circumstance related to its size, shape, location and surroundings. The property Is located on Susan Street between First and Fifth Streets and Is primarily surrounded by lower density residential development. The increase in the height of the fence is needed in order to allow the property owner the ability to use the facility to its maximum potential and ensure the privacy and safety of its residents. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Allowing relief from the maximum three -foot high front yard fence requirement will allow the owner the ability to develop the property with a care home facility that provides a secure environment and is compatible with the Two - Family Residence (R2) zoning district. Without the proposed six -foot high wrought iron fence, the care home operation and site security would be compromised, which impacts the property rights of the owner. The granting of the variance will not be materially detrimental to the public or surrounding properties as the building and site have been designed to comply with the majority of the applicable development standards. The applicant is proposing to replace an existing six-foot high chain link fence with a six -foot high decorative wrought iron fence and gate with a landscape buffer along Susan Street to enrich the streetscape and pedestrian walking experience, 31A -10