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