HomeMy WebLinkAboutExhibit C_SetbackVariationCriteria
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Exhibit C
Setback Variations Criteria
Staff Findings
26.415.110.C: Variances:
Dimensional variations are allowed for projects involving designated properties to create development
that is more consistent with the character of the historic property or district than what would be required
by the underlying zoning's dimensional standards.
1. The HPC may grant variances of the Land Use Code for designated properties to allow:
a) Development in the side, rear and front setbacks;
b) Development that does not meet the minimum distance requirements between buildings;
c) Up to five percent (5%) additional site coverage;
d) Less public amenity than required for the on-site relocation of commercial historic properties.
2. In granting a variance, the HPC must make a finding that such a variance:
a) Is similar to the pattern, features and character of the historic property or district; and/or
b) Enhances or mitigates an adverse impact to the historic significance or architectural
character of the historic property, an adjoining designated historic property or historic
district.
Staff Finding: The historic house sits within the front and side setbacks. The applicant proposes to
maintain these conditions above grade and to extend the encroachment to the basement below the
resource. Setback variations are required if this development is to proceed. The front yard setback
requirement is 10’, and the sideyard requirement is 5’.
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The new addition has been restudied by the applicant so that it is centered on the lot and at its widest
part, is 3’ from the east and west property lines. Again, the sideyard requirement is 5’.
The proposed rear setback is 5’ for the garage, which is conforming.
The proposed setbacks are:
• 5’10” in the front, where 10’ is required.
• 0’ on the east and west sides of the resource and the basement below it where 5’ is required
• 3’ on the east and west sides of the addition, at its widest part, where 5’ is required.
• 5’ at the rear of the site, in conformance with the setback requirement.
Staff supports the variations in order to allow the historic resource to remain where it is and to be fully utilized.
The project will need certain accommodations to meet Fire Code given the close proximity of the miner’s cottage
to the lot lines. This may include the installation of fireproof materials on the underside of the eaves, and/or an
additional layer of drywall on interiors.
Staff finds that the applicant has addressed concerns with the location of the addition related to side lot lines,
centering the development on the lot to allow easy maintenance of this property and to avoid negative impacts
on the adjacent sites.
Staff recommends approval of the variation requests.