Board of Adjustment Agenda and Packet 2014 07 16

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Even though the property is zoned RL, the Old Town Overlay District establishes the development standards for this property. These overlay standards were created to allow existing situations, such as non - conforming setbacks, to exist without having an effect on existing historic homes. According to Section 17.12.050.K.2 (Exceptions to front yard and side yard setbacks) "an addition to an existing principal structure may extend into a required side yard setback provided all of the following conditions are met: a) the resulting setback is not less than 3 feet: b) the resulting sum of both side yard setbacks for a lot is equal to or greater than the sum of both required side yard setbacks for a lot (because this property is 50 feet wide. it requires a 5 foot side setback on both sides for a total sum of 10 feet for both required setbacks); and c) the resulting distance from any principal structure on an adjacent lot shall not be less than 10 feet for lots having a width greater than 30 feet, and shall not be less than 6 feet for lots having a lot width less than 30 feet." Of the above criteria, criterion "a" has been met. The existing house is 3.2 feet from the northern property line. Criterion "b" has not been met because the applicant would need to provide a 7 foot setback from the southern property line since the property is 50 feet wide. Criterion "c" is not met because the existing historic house to the south is approximately 3.8 feet from the northern property line. The Best Practices" of Old Town is to retain aging structures and add to them so the character of the district is retained and the aged structure is kept. Old Town is experiencing significant change with more and more "scrapes" of the aging structures as new property owners try to maximize the square footage of their property in Old Town. In this instance the applicant is wishing to retain the historic house while adding square footage for additional living space. REVIEW CRITERIA: The BOA has authority to hear and decide, grant or deny this application for a variance from Section 17.12.040 of the LMC by the powers granted the BOA in Section 17.48.110 of the LMC. The BOA may grant a variance only if it makes findings that all of the criteria, as established under Section 17.48.110.B.1 -6, have been satisfied, insofar as applicable: The applicant has provided a written analysis of the variance criteria, which has been included in the BOA packet materials. Following is a staff review and analysis of the variance criteria. 1. That there are unique physical circumstances or conditions such as irregularity. narrowness or shallowness of lot. or exceptional topographical or other physical conditions peculiar to the affected property. The existing physical circumstance unique to this property is the owner is wishing to retain the existing house while adding additional area. In a district where most new property owners are scraping the aged structures, this owner is wishing to retain the existing 3