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As depicted on the attached site plan,the existing front porch encroaches into the public right of way on <br /> West Street. Staff has taken the position that this nonconformity is not within the scope of the variance <br /> request as the property owner is not requesting to modify the street facing façade of the home. Future <br /> modifications to the front of the home would be required to comply with the required setbacks of the <br /> Old Town Residential Overlay District or obtain a variance for any encroachment. <br /> PROPOSAL: <br /> The applicant proposes to construct a 264 square foot addition off the rear of the existing home to be <br /> used for dining space,a utility room,and a porch. The Old Town Overlay Zoning District Regulations <br /> require a 25 foot rear yard setback for principal uses. The proposed addition would encroach 9 feet into <br /> the required rear yard setback,resulting in a 16 foot setback. <br /> The construction of the proposed addition required the demolition of a portion of the structure on the <br /> rear of the existing house. The applicant applied for,and was granted,a permit to demolish that portion <br /> of the house(permit#D08-0013). The demolition has been completed. The applicant then applied for <br /> a building permit on September 24,2008(permit#C08-0161)to construct the proposed addition. When <br /> the applicant applied for a building permit,planning staff was made aware of the encroachment into the <br /> rear setback. This building permit can not be issued without prior issuance of a variance for a rear <br /> setback encroachment. <br /> REVIEW CRITERIA: <br /> The BOA has authority to hear and decide, grant or deny this application for a variance to Section <br /> 17.12.040,pursuant to the powers granted the BOA in Section 17.48.110 of the LMC. The BOA may <br /> grant a variance only if it makes findings that all of the criteria, as established under Section <br /> 17.48.110.B.1-6,have been satisfied, insofar as applicable: <br /> The applicant has provided a written analysis of the variance criteria, which has been included in the <br /> BOA packet materials. Following is a staff review and analysis of the variance criteria. <br /> 1. That there are unique physical circumstances or conditions such as irregularity, narrowness or <br /> shallowness of lot, or exceptional topographical or other physical conditions peculiar to the <br /> affected property. <br /> The subject lot is 65.5 feet deep and the lot area is 3,766.25 SF. The minimum lot size in the RM zone <br /> district is 7,000 SF. Staff finds that the shallowness of the lot and the minimal lot area constitute unique <br /> physical circumstances peculiar to the property. The manner in which the lot was split,resulting in a <br /> nonconforming setback,also presents a unique physical circumstance. Staff finds that this criterion has <br /> been met. <br /> 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or <br /> district in which the property is located. <br /> The majority of the lots surrounding the property in the Residential Medium Density(RM)zone district <br /> are in excess of 100 feet deep. Staff was able to identify a minimal number of lots with similar <br /> constraints in regards to lot depth. Although many of the lots in the Old Town area are nonconforming <br /> 2 <br />