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Planning Commission: July 22, 1998 Lands of Korman Page 11 ATTACHMENT 2 RECOMMENDED FINDINGS FOR VARIANCE TO ALLOW EXISTING CONSTRUCTION TO ENCROACH WITHIN SIDE YARD SETBACK LANDS OF KORMAN -26157 ALTADENA DRIVE FILE#76-98-ZP-SD-GD-VAR-LLA 1. Because of exceptional and 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; The applicant's property is unusual in that the subject lot does not have street access and an existing structure and driveway exist on the intervening lot. Construction of a new access in a conforming location would be much more visible and obtrusive than using the existing access to connect the rear lot to Kingsley Way. The strict application of the Code provisions would preclude the applicant from preserving open space area on the two lots and from utilizing a joint driveway, as exist on numerous other lots in Town. A condition of approval has been added to require that, in the event of future sale or subdivision of parcel A, the house on that lot must be made conforming by modifying either the structure or the driveway access. 2. Upon the granting of the variance, the intent and purpose of the applicable sections of the Zoning Ordinance will still be served and the recipient of the variance will not be granted special privileges not enjoyed by other surrounding property owners; The intent and purposes of the Zoning Ordinance will be served because the visibility and impacts of the driveway will be negligible, as most of the driveway already exists and the new driveway portion would be screened from offsite view by the proposed home. Special privileges would not be granted as the driveway alignment would impact the applicant only while preserving open areas visible to other neighbors. A conditionof approval has been added to require that, in the event of future sale or subdivision of parcel A, the house on that lot must be made conforming by modifying either the structure or the driveway access. 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the same zoning district; The granting of the variances would not negatively impact any neighboring properties, as the driveway would be shielded by the existing and proposed home, and would be adjacent to (but not highly visible from) an open space preserve. No significant vegetation will be removed, and virtually no grading will be required for the new driveway.