In any district where strict adherence to the front, side, street side, rear yard requirements precludes development or expansion of an otherwise permitted use or structure, the Planning Commission may approve or conditionally approve reduced yard setbacks after considering a request and making all of the following findings:

   (A)   The lot for which the application for development is submitted is a “substandard” lot; such as a lot that does not meet the current standards for minimum lot size or dimension(s), is zoned R-3 or R-4 or adjoins a floodway;

   (B)   The project will not encroach across any lot line; (A voluntary lot merger may be concurrently processed and must be approved prior to action on the setback adjustment application.) The Technical Advisory Committee may approve a voluntary merger.

   (C)   The owners of property contiguous to the yard proposed for reduction have no objections and have provided a signed statement attesting such to the city;

   (D)   No reduction in neighborhood safety or aesthetics will result from the proposal;

   (E)   Where applicable, the project complies with the design review guidelines; and

   (F)   Except for the setback reduction for which the request is submitted, all development on the lot conforms to the use, density, lot coverage, landscaping and off-street parking requirements of this chapter.

(`61 Code, § 25.16.1) (Ord. 915, passed 6-20-2000; Am. Ord. 939, passed 5-20-2003)

   (A)   In no event shall this section permit residential construction closer than eight feet to the front or rear property line, three feet to any side property line or eight feet to any street side property line, except where a public alley is contiguous to a side yard or rear yard, in which case the Planning Commission may approve a dwelling, group dwelling or other building to be constructed immediately adjacent to the alley right-of-way. This section does not waive the building code requirements including those relating to fire resistance of exterior walls and wall openings.

   (B)   To accommodate parked vehicles exclusive of the street right-of-way, driveways accessing through the front yard shall not be less than 16 feet in length as measured from the back of the sidewalk to the closest garage wall or carport post.

(`61 Code, § 25.16.5) (Ord. 915, passed 6-20-2000)

   A request for setback adjustment shall be submitted in writing to the Community Development Department and shall include:

   (A)   A site plan showing existing lot dimensions, structures and their dimensions, utility lines, landscaping, driveways, lot area in square feet, drainage courses, flood hazard areas and any other condition affecting or limiting development of the site;

   (B)   Signed statements from the owners of property contiguous to the yard proposed for reduction stating that they have no objection to the proposal;

   (C)   Proposed structures or additions to existing structures, their uses and the respective dimensions to existing property lines and other existing structures;

   (D)   A mailing list of all adjacent property owners; and

   (E)   An application fee which shall be set by resolution of the City Council, no portion of which is refundable.

(`61 Code, § 25.16.9) (Ord. 915, passed 6-20-2000; Am. Ord. 939, passed 5-20-2003; Am. Ord. 1018, passed 9-3-2013)

   Appeals of any decision of the Planning Commission shall be in writing and submitted to the City Council.

(`61 Code, § 25.16.11) (Ord. 915, passed 6-20-2000)