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09/21/2015 ATTY/RESO.3134/CC RESO APPROVING PLANNED DEVELOPMENT – FINGER RESO. # 15445 REV: 09‐17‐15 VR MUFF # 613 Page 8 of 29 utilized as the usable outdoor space. This requested PD setback modification is approved for this Project. (e) The requested 6’ rear yard setback for the house on Lot 5 is inconsistent with the Planning Commission’s recommendation to remove all external PD setback modifications, however, as this lot line is an existing side lot line and current conditions would only require a 6’ side yard setback, it is reasonable to allow a reduced rear yard setback as part of the Project. Further, Lot 5 provides a larger side yard than required which will be utilized as the usable outdoor space. This requested PD setback modification is approved for this Project. (f) The requested 4’ side and rear yard setbacks for the detached garage on Lot 7 are inconsistent with the Planning Commission’s recommendation to remove all external PD setback modifications and to reduce the number of internal PD setback modifications. There is ample space on Lot 7 to accommodate the required 6’ side and rear setbacks for this structure, and there is no solid basis by which to approve these modifications. The two requested PD setback modifications for the detached garage on Lot 7 are not approved for this Project. (g) The remaining requested reduced setbacks for Lots 2, 5, 6, 7 and 8, which are all internal to the project and do not pose an impact on neighboring properties, are approved for this Project. (h) The City Council hereby finds that the eight lot residential development, including two external and eight internal setback modifications to the Article 5 zoning standards as described above, would provide an environment of physical and functional desirability, and would be in harmony with the character of the surrounding neighborhood, as required by Zoning Ordinance Article 46. Section 6. Use Permit UP2014-23: Consistent with Zoning Ordinance Article 32, Section 32.12, the City Council finds that: (1) The development will not disturb riparian vegetation. The proposed Project entails the removal of approximately 5,573 square feet of existing structures and other impervious coverage from within the 25’ creek protection setback area, with new and replacement fencing proposed to be constructed along the side and rear lot lines of Lots 1-4. This results in a 100% reduction in impervious surfaces within the creek protection setback, and an increase of 48 linear feet of lot line fencing.