Board of Adjustment Agenda and Packet 2023 03 15

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Board of Adjustment Meeting Minutes February 15, 2023 Page 3 of 5 Criteria 1 - Criterion Met • Staff Recommendation o Staff finds the lot is an irregular shape and the existing location of the home is a unique physical circumstance. The L-shaped lots in Sundance were originally designed for paired homes and are more restrictive in developing single-family dwelling units. The bend in the "L" creates a constrained location in the side yard area and provides limited areas for a bay window to be rebuilt. Criteria 2 - Criterion Met • Staff Recommendation o Staff finds that the Sundance neighborhood has unique conditions not seen in other R-E zoned districts. The neighborhood has unusual "L" lot shapes, combined with developer -installed bay windows near or encroaching into side yard setbacks. It is unusual for this district to have L shaped lots and the lots are undersized. The developer -installed bay windows are also not commonly seen this close to side yard setbacks in other neighborhoods. Criteria 3 - Criterion Met • Staff Recommendation o Staff finds that the combination of the shallower lot line, unusual front lot line shape, and below average lot area create a physical circumstance that cannot reasonably be developed to have a bay window in the footprint without encroachment into the side lot line. Staff therefore finds the proposal meets this criterion. Criteria 4 - Criterion Met • Staff Recommendation o The original developer constructed the existing house with the bay window in 1984, meaning the hardship was not caused by the current property owner. o The City might have once considered the internal lot line between the paired lots to not have a 5-foot setback based on the original intent for duplexes. However, staff finds that the current PUD is unambiguous on the side -yard setback requirement and a variance is required. Criteria 5 - Criterion Met • Staff Recommendation o Staff finds that the proposal would not alter the essential character of the neighborhood. The rebuilt bay window will be the same footprint as the original window with minor changes to the windows and roof. The bay window structure is found on most homes in the development and is part of the overall neighborhood character.