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t - Planning Commission y Lands of Chopra ' January 8,2004 Page 2 of 5 DISCUSSION The proposed patio area with BBQ, sink, and counter encroach up to 19 feet into the 40-foot front yard setback. The proposed location of the patio and BBQ area is almost 10' above the level of East Sunset Drive, which encompasses approximately 75 percent of the property. The street frontage nearest , the proposed ' p location of the patio area is screened with tall oleanders and Eucalyptus trees as seen in the photo to the left. The BBQ, sink, and counter area is proposed to be located directly behind the Eucalyptus trees shown in the photo to the right of the utility pole and appear to not be directly visible from neighboring properties or East Sunset Drive. The roofline of the nearest residence is located below the street level of East Sunset Drive to the southeast. Variance Pursuant to Section 10-1:1107(2)(b) of the Municipal Code, the Planning Commission must make four findings in order to approve a Variance. The Commission must find that there are exceptional or extraordinary physical circumstances on the lot, which create a practical hardship for the applicant to comply with the provisions of the Code. The current shape, topography, location, and surroundings of the subject property appear to pose a practical hardship for the applicant to comply with the setback ordinance. The topography of the subject property provides limited opportunities of flat developable area on the lot. Proposing the patio area on the flat area located to the north of the residence would separate the BBQ area from the kitchen area located on the southeastern corner of the residence. Furthermore, the flat area located to the north is slightly more visible from the northeastern portion of East Sunset Drive. The proposed location appears to be adequately screen from adjacent properties and East Sunset Drive. The Commission must also find that granting the variance will maintain the intent and purpose of the setbacks ordinance and will not provide special privileges to the applicant. In this application, the peace and privacy of the neighborhood, aesthetic appearance of the vegetation and tree screening, and rural ambience of the Town is maintained. Furthermore, the proposed development square footage is within the legal non-conforming limits for the subject property. The applicant has prepared findings for approval to encroach into the 40-foot front yard setback,included as Attachment 2.