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permitted on the property. In addition, no trees or vegetation are proposed for removal and additional landscaping will be required to address visual impacts to surrounding neighbors. 2. With regard to the Variance (VAR19-0013) to allow: 1) a portion of the addition and a deck to encroach up to 14 feet into the west side yard setback; 2) a new parking space within the front yard setback; and 3) a deck and staircase encroaching up to 6 feet into the east side yard setback at 14486 Liddicoat Circle, the Planning Commission can make the findings to support the deck and staircase encroachment into the east side yard setback and the parking/hardscape in the front yard setback but not the elevated deck encroachment into the west side yard setback in accordance with Section 10-1.1007(2) as follows: a. That, because of exceptional or extraordinary circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the provisions of this title is found to deprive such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. There are extraordinary circumstance applicable to the subject property with regard to lot shape and the steep topography that justify the granting of variances for the deck and staircase in the east side yard setback and a parking space in the front yard setback. The original home, including the two -car garage and all decks, were built within the property's building envelope in 1977. However, a variance was granted to allow the two required open parking spaces in the front and side yard setbacks due to the steepness of the lot and the limited area available at the street level to locate parking that was not in the front setback. In addition, a variance was granted by the City Council in 1978 for the pool and pool deck on the west side of the home for similar reasons. Therefore, substantial variances from the Zoning Code have already been granted and the variance requests for the parking/hardscape in the front yard is justified by the limited area available adjacent to the street due to the extremely steep average slope the staircase and deck in the east side yard is justified as the main entrance to the home abuts the side property line and the only access to the home requires that a staircase and front entry porch be located in the east side yard setback, which is the side with the least impact on neighbors. Alternately, the upper level deck on the west side of the house is not justified as there are adequate existing decks on the home that are compliant with the setback requirements. b. That upon the granting of the variance, the intent and purpose of the applicable sections of this title will still be served and the recipient of the variance will not be granted special privileges not enjoyed by other surrounding property owners. The setback variances for the staircase, porch and deck on the east side of the property and the parking/hardscape in the front yard are due to the location of the existing residence on the property, the shape of the lot and the substantial reduction in the development area that results from a property with a very steep average slope of over 42%. Previous variance requests were granted by the Town for required parking, a pool and a pool deck in the setbacks, and the requested variance would not represent a special privilege as the staircase, walkway and front porch in the east side yard setback are necessary to provide access to the main entry of the home and the hardscape in the front yard is not in excess of what other property owners have in the immediate surrounding area and the amount of development area conforms to the maximum permitted by the Town code. PC Resolution 02-21 Page 3