A.
Authority. Modifications to setback development standards for single-family residential structures, accessory structures, and/or swimming pool/spa mechanical equipment may be allowed and are classified as follows:
1.
Director's Review Setback Modifications. A director's review setback modification is a modification that is subject to approval by the director of community development or designee.
2.
Setback Modifications. A setback modification is a modification that is subject to approval by the planning commission.
B.
Review Criteria.
1.
Director's Review Setback Modifications. The director or designee may grant director's review setback modifications to the front, side, and rear yard setback requirements, subject to the following conditions a, b, c, d, and e and findings f and g:
a.
The modification is to allow an encroaching building addition to an existing and legally established residential or accessory structure, to allow encroaching accessory structure, or to allow encroaching swimming pool/spa mechanical equipment.
b.
The building addition will not encroach into a required front, side, or rear yard beyond the limits already established by the existing structure to which the addition will be attached, or result in less than a five-foot setback.
c.
If the building addition is a second floor, it will not create additional encroaching floor area that is more than 50% of the amount of overall encroaching floor area on the same side and story as the request, existing prior to the request.
d.
Within the required setback, the exterior walls and roofs of the structure establishing an existing setback encroachment shall be retained to qualify for a director's review setback modification. Additionally, any project involving demolition of more than 30% of the existing floor area shall comprise a new house for the purposes of this section, and shall not be eligible for a director's review setback modification.
e.
The swimming pool/spa mechanical equipment will not be located in front of the subject residence or within the front yard setback and will not result in a side and/or rear yard setback less than the applicable building code requirements.
f.
Topographic features, lot configurations or other conditions make it impractical to require compliance with the yard setback requirements.
g.
The proposed project preserves the existing scale and character of the surrounding neighborhood, and protects public views, and aesthetic and other property values in such neighborhoods in a manner which is compatible with reasonable development of the subject lot and is consistent with the residential design guidelines as adopted by resolution of the city council.
2.
Setback Modifications. The planning commission may grant setback modifications to the front, side, and rear yard setback requirements, including fence height standards, subject to the following findings:
a.
The proposed project is compatible with existing development on the site, and is consistent with other development in the immediate vicinity.
b.
The modification authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated.
c.
Strict application of zoning regulations as they apply to such property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards.
d.
The modification will not be materially detrimental to the public health, safety or general welfare, or to the use, enjoyment or valuation of property of other persons located in the vicinity.
e.
The proposed project preserves the existing scale and character of the surrounding neighborhood and protects public views, and aesthetics and other property values in such neighborhoods in a manner which is consistent with the residential design guidelines as adopted by resolution of the city council and compatible with development of the subject lot.
(Ord. 356 § 3, 2006; Ord. 404 § 1, 2011)