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Staff Report to the Planning Commission <br /> Lands of Fors and Selover <br /> 12401 Hilltop Drive <br /> April 8,2004 <br /> Page 3 of 12 <br /> The 804 sq. ft. detached three-car garage with a 766 sq. ft. caretaker's unit was originally <br /> proposed to be located over the existing driveway area. When the story poles were <br /> installed in early March, the neighbors at 27631 Hilltop Drive pointed out that the <br /> structure would block their view of the hills from their kitchen and dining area. In <br /> response, the applicants redesigned the project by rotating the two-story structure 900 and <br /> moving it approximately 20' to the north to mitigate the view impacts to the neighbor. <br /> Driveway &Parking <br /> The existing driveway access is provided by a 30' wide ingress/egress easement along the <br /> east side of the property which serves 4 other residences. The applicant is proposing to <br /> remove the existing driveway and construct a new driveway access directly off of Hilltop <br /> Drive. The driveway would be a minimum of 14 feet in width for its entire length and <br /> adequate parking turnaround is provided in the proposed site plan. A detached garage <br /> provides three (3) parking spaces with standard dimensions of 10' x 20'. Two (2) <br /> additional outdoor parking spaces are located directly west of the garage outside of the <br /> required setbacks. <br /> Variance <br /> The applicant is requesting a variance to allow portions of the tennis court and the pool <br /> house with an attached trellis and outdoor fireplace to encroach up to 15 feet into the <br /> front setback. A survey done by the applicant's engineer shows that the centerline at this <br /> section of Hilltop Drive is located approximately 5' behind the edge of the road instead of <br /> at the center of the physical road. As a result, the required right-of-way dedication is <br /> taken from the current property line, as opposed to the center of the road. According to <br /> the applicant, the combination of the 30' right-of-way dedication and 40' front yard <br /> setback will burden the owners with an additional 15 feet of setback as measured from <br /> the center of Hilltop Drive. (See attached diagram) <br /> Although the applicants have presented evidence of an unusual circumstance related to <br /> the location of the centerline of the right-of-way, the Planning Commission has the <br /> authority to require the applicant to adhere to the Town's setback requirements. Setback <br /> standards established in the Zoning Code are minimum requirements and pursuant to <br /> Section 10-1.505 of the Code, "the City Council and Planning Commission have the <br /> discretion to apply stricter standards to increase setbacks where site specific constraints <br /> dictate further limitations, such that the purposes of the ordinances and Design Guidelines <br /> are complied with." For example, if the Commission finds that an increased setback will <br /> serve to reduce the appearance of bulkiness of the structure, setback distance greater than <br /> 40' can be required. Variance findings submitted by the applicant are included in this <br /> staff report for Commission review. (Attachment 2). <br />