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9.A-9 <br />rear yard setback, are too close to the park and diminish the open space experience. This <br />type of relationship does not support the City's Nice Places Policy, adopted in 2001, and <br />should not be repeated. It should also be noted that the property owners of 615 Teredo <br />Drive are expressing some problems and /or concerns with respect to proximity to the park. <br />Alternatives <br />1. Uphold the appeal, thereby allowing for the fifteen (15) foot rear yard setback and <br />provide staff with specific findings and direction on how to proceed with future <br />variance requests. <br />2. Deny appeal, thereby upholding the decision of the Zoning Administrator. Thus the <br />applicant would need to redesign the project to comply with existing Zoning <br />requirements. <br />Fiscal Impact <br />None <br />Conclusion <br />In order to grant a variance, all of the three required findings must be made: that special <br />circumstances applicable to the subject property exist which deprive the property of <br />reasonable development potential; and that the granting of the variance would not <br />constitute a grant of special privilege; and that the granting of the variance will not be <br />contrary to the intent of the Zoning Ordinance. The Zoning Administrator was not able to <br />make any of these findings for this case, which involves a regularly shaped parcel of <br />adequate size. <br />If the variance denial is reversed, the decision would create a new precedent for rear yard <br />setbacks for residential properties that back up to open space. Such a decision would <br />have significant implications on how usable open space is treated throughout Redwood <br />City. "Usable open space" includes parks, w erways, levees, trails, and ther ameni 'es. <br />✓Blake Lill Ekas ✓► A ( Bruce strand a ett <br />Project Planner/ Z.A. 1 ✓ W Community Development Services Director City Manager <br />Attachments: <br />1. Notice of Official Action dated May 1, 2003 <br />2. Site Plan and Elevations <br />3. Appeal letter dated May 2, 2003 <br />4. Similar Properties <br />5. Parcels Adjacent to Open Space <br />6. Site and Vicinity Photos <br />3 On May 13, 2003 the property owner of 615 Teredo Drive met with counter staff to discuss the possibility <br />of getting a fence height variance to increase the allowable height of their rear yard fence separating their <br />property from the park. The property owner sighted the reason of increased activity at the park and the <br />desire for more privacy. <br />