AgdaPkt 2003-06-23 - Laserfiche WebLink

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q,A -7 indicate that the City has granted any variances for flat parcels of standard shape and size that back up to open space. Homes that were built in other cities with different regulations, setback requirements, and policies related to open space are not precedents for any development in Redwood City (Appellant's Issue G, Other Cities). Third Variance Test: Intent of the Zonina Ordinance: Lastly, the Zoning Administrator must establish that the approval of the requested variance will not be contrary to the intent of the Zoning Ordinance. As previously stated, the subject property currently complies with all applicable Zoning standards with respect to setbacks, lot coverage, height, and parking requirements. The subject property is of substantial size and has the ability to accommodate additional square footage within the required building envelope, without the need for a variance. The general purpose of setback requirements is to create buffer, or transition space between land uses, and to optimize the physical relationship of adjacent uses. In the public hearing and submittal materials, the applicant suggested that the buffer was primarily needed between homes, and thus, since the park is wide, there is no need to maintain the rear yard setback in this area since it would not affect any residential neighbor to the rear. However, staff believes that since the adjacent land use is a City park, intended for the use and benefit of the general public, a transitional space between public and private land uses is at least as important as it is between homes (please see additional discussion under Administrative Process: Previous Variances, below). Furthermore, the subject property's relationship to the adjacent open space could be constituted as an added convenience and /or benefit and therefore does not represent a hardship or a condition that would deprive the property of the ability to develop. By requiring a twenty (20) foot rear yard setback the code is ensuring that the transitional space between the subject property and the public park will be maintained, which preserves the aesthetic quality of this important public amenity. (Please refer to Appendix 6, Site and Vicinity Photos.) In addition to transitional space, the twenty (20) foot rear yard setback establishes a consistent pattern of rear yards of a size deemed to be consistent with the purpose of low density single - family residential zoning districts. The twenty (20) foot rear yard setback, when consistently applied, protects adjacent neighbors from excessive wall lines that could block solar access and views out of the property (e.g. sky and territorial views). This setback requirement supports the purpose of the R -1 Zoning District, as stated in Article 5 of the Zoning Ordinance "to stabilize and protect the residential character of the district and to promote and encourage a suitable environment for family life on a neighborhood basis." Therefore, staff and the Zoning Administrator consider the granting of the variance to be contrary to the intent of the Zoning Ordinance. The Ordinance amendment in 1990 increased the rear yard setback requirements to twenty (20) feet to establish a transitional buffer to adjacent land uses (in this case, a City park) and to create the desired pattern of rear yards which allow for substantial access to light/views unhindered by side walls from neighbors' properties. Administrative Process Administrative Record: From the first point of contact with Community Development Services staff at the counter, planners have advised the applicant to submit a design that conforms to the Zoning