Special Exception to Reduce the Required Front Yard Setback for Dwelling Addition Owner/ Applicant: Loren Sands Location: 5155 Reamer Road Parcel Area: 4.0 Acres

Background Property owner proposes a dwelling addition that will encroach into the required front yard setback. Variance from the Agricultural District front yard setback requirement which is 50 feet. Existing home built in 1936, is currently 30 feet to front property line. Proposed addition will not extend further into front yard setback than existing dwelling. The parcel size is 4.0 acres.

Findings of Fact: Loren Sands is the owner of record of the subject property. The Rural Land Use Map designation is AA (Agricultural Area). The property is zoned AG (Agricultural) District. The required front yard setback is 50 feet in the AG (Agriculture) district. The addition to the existing dwelling is proposed to be located 30 feet from the front property line.

Findings of Fact (cont.) The existing dwelling is 30 feet from the front property line. The subject property is 4.0 acres in size. The property owner filed the variance request with the Planning and Development Department on August 14, 2014.

Legal Principles: Standards for granting special exceptions Legal Principles: Standards for granting special exceptions. Article 4, Sec. 10, § 3 UDC Strict compliance with the restrictions governing setback, frontage, height, or other bulk provisions of this Ordinance would result in a practical difficulty upon the owner of such property and only where such exception: Does not exceed 50 percent of the particular limitation or number in question, or; Is from a yard requirement to permit an addition to an existing legal nonconforming building, and such addition extends no further into the required yard than the existing building; Analysis: The required front yard setback in the AG (Agriculture) district is 50 feet; the proposed addition is to be 30 feet from the front property line. This would appear to meet the standard for (i); in addition, the proposed addition does not extend further into the required yard than the existing dwelling, which is currently 30 feet from the front property line, meeting standard ii. Staff Conclusion: The proposal appears to meet the standards set forth in Article 4, Sec. 10, § 3 (a).

Legal Principles: Standards for Approval. Article 4, Sec. 10, § 3 UDC The extension relates entirely to a permitted use; Analysis: A single family dwelling is a permitted use in the AG (Agriculture) district.   Staff conclusion: The request for an addition to a single family dwelling meets the requirement that it is related to a permitted use.

Legal Principles: Standards for Approval. Article 4, Sec. 10, § 3 UDC The practical difficulty is due to circumstances, unique to the property and that prohibits the use of the subject property in a manner reasonably similar to that of other property in the same district. Such circumstances include but are not limited to topographical condition, surroundings, size, shape or other condition, location of public utilities or public improvements on or adjacent to the subject property, or other extraordinary or exceptional situation Staff conclusion: The request appears to be a practical difficulty in that the proposed dwelling addition cannot be located in another location due to existing layout. Further, the proposed dwelling addition does not further encroach into the front yard setback than the existing dwelling.

Legal Principles: Standards for Approval. Article 4, Sec. 10, § 3 UDC A grant of the special exception applied for, or a lesser relaxation of the restrictions than applied for, is reasonably necessary due to practical difficulties related to the land in question and would do substantial justice to an applicant as well as to other property owners in the locality;  Analysis: As previously mentioned a practical difficulty appears to exist due to the current design and layout of the existing home and the desire to add an addition to the home. Staff conclusion: The request appears to provide substantial justice to the applicant in this case.

Legal Principles: Standards for Approval. Article 4, Sec. 10, § 3 UDC Such practical difficulties cannot be overcome by any feasible alternative means other than an exception; Analysis: In order to allow the construction of a dwelling addition that use the existing floor plan, a special exception has to be granted. Staff conclusion: The request appears to meet the standard. Relief can be granted in a manner that will not alter the essential character of the locality. Analysis: The existing dwelling has been in the present location since 1936.

Looking north on Reamer Road from Subject Property

Looking south from driveway entrance

Addition will not extend further to front yard than existing dwelling

ALTERNATIVES & RECOMMENDATION : The following alternatives may be considered: Grant approval of the proposal subject to conditions. Deny the proposal. Refer the proposal back to the applicant for additional review/information. Staff recommends alternative 1, approval of the proposed Special Exception. The proposal appears to meet all of the legal principles for granting a special exception.