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399, Construct a new master bedroom, Staff Reports* * * STAFF REPORT DATE: AUGUST 8, 1990 TO: PLANNING COMMISSION FROM: STAFF SUBJECT: ZONING CASE NO. 399; Request for Modification to previously approved site plan to permit a greater encroachment into the side yard setback, and amend the Resolution of approval accordingly; 18 Chuckwagon Road, Lot 6-CRB; Owner: Hynes DISCUSSION The Planning Commission, at their regular meeting of July 17, 1990, continued the above stated application to an adjourned meeting so as to conduct a field inspection of the site and surrounding properties. At the field visit, it was observed that the applicant began construction of the previously approved project, but ceased upon determination by survey (requested by County after issuance of permit) that the proposed room addition was closer to the property line than indicated on plans. It was further noted that the project intended to continue the building line of the residence that was originally developed angularly on the lot. Issues to be addressed from the previous meetings are as follows: 1. Proximity of the nonconforming residence to the side property line and neighboring development; Survey indicates a 9.7 foot setback for the residence rather than 14 feet originally noted. 2. Proposed expansion of the residence will -actually have a setback of 6.7 feet rather than 12 feet. Staff noted that the Community Association has reviewed and approved the applicant's request. RECOMMENDATION The Commission must closely evaluate the proposed project modifications and potential impacts in accordance with City requirements addressing yard requirements and development compatibility. Should the request be approved, the Commission has the authority to attach additional conditions deem necessary. zc399md2 **** STAFF REPORT DATE: JULY 9, 1990 TO: PLANNING COMMISSION FROM: STAFF SUBJECT: ZONING CASE NO. 399; Request for Modification to previously approved site plan to permit. a greater encoachment into the side yard setback, and to amend the Resolution of approval accordingly; 18 Chuchwagon Road, Lot 6-CRB; Owner: Hynes DISCUSSION The Cityhasreceived a letter, dated June 19, 1990, from Mr. and Mrs,. J.P. Hynes requesting the above -stated modification to their project currently under construction. The Commission, at their meeting of July 18, 1989, granted a variance to permit encroachment of the subject residential addition of 349 square feet within the 20 foot side yard setback. Building permits were eventually issued to the applicant, but during the construction process (forming for foundation) the County requested a subsequent survey of the property line. Upon completion of the survey, the owner ascertained that the actual setbacks deviate from the original approval. The applicable changes are as follows: 1. The setback to the existing residence, based upon the recent survey is 9.7 feet, rather than 14,feet originally stated. 2. The setback to the proposed addition, based upon the survey is.6.7 feet, rather than 12 feet originally indicated. Encroachment into the perimeter easement occurs. For the Commission's information, the applicant has since received the approval of the Association for an encroachment permit. On the other hand, the Commission must reevaluate the project and address potential impacts in accordance with the code regarding yard standards, development compatibility and potential view impairment. RECOMMENDATION Staff would recommend that the Commission receive public testimony and continue the matter to an adjourned meeting so as to conduct a field inspection. zc399mod