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Town's standard height limit of 27 feet, which can be increased by providing greater <br />setbacks. The uphill side of the residence that will be encroaching continues to comply <br />with the Town's standard height limit of 27 feet while the downhill side which exceeds 27 <br />feet is not visible to the westerly neighbor. The structure will not appear larger than a house <br />that would otherwise be compliant with the Code. The granting of the setback variance for <br />the proposed remodel and addition does not grant a special privilege to the property owner <br />that is not enjoyed by similar or surrounding property owners as surrounding properties are <br />not characterized by the same topography and general site layout. <br />c. That the granting of such variance will not be materially detrimental to the public welfare <br />or injurious to the property, improvements or uses within the immediate vicinity and within <br />the same zoning district. <br />The granting of the variance for setback encroachment will not be detrimental to public <br />welfare or surrounding properties as the proposed project will not appear to have a <br />maximum height over 27 as viewed from the closest neighbor west of the project. As <br />viewed from Summitwood Road, the house will not appear to exceed the maximum total <br />structure height of 35 feet. Furthermore, the increase in height is mitigated by the fact that <br />the residence is lower than the street. As the project does not propose a larger building <br />footprint, increased runoff will not be an issue for downhill neighbors or users of the <br />equestrian trail easement. <br />d. That the variance will not authorize a use or activity which is not otherwise expressly <br />authorized by the zoning district regulations governing the parcel or property. <br />The use or activities associated with the variance request are permitted uses in the R -A <br />District. <br />Resolution PC 03-22 Page 3 <br />