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CASE # REQUEST FOR A VARIANCE TO FRONT YARD SETBACK FROM PUBLIC STREET RIGHT-OF-WAY; CASE OF OAKWOOD DEVELOPMENT, INC. By: Sylvia Frolik, Community Development Director Background: Oakwood Development is proposing to plat and develop land west of State Hwy. 47 and nOrth of Alpine Dr. for a townhome project. The property is in the process of being rezoned to R3-Urban Residential, which allows for townhomes up to a density of seven units per acre. City Code establishes a 35 foot front yard setback from public street right-of-way for buildings in the R-3 Urban Residential District. · The applicant is requesting a 5 foot variance to have the townhouse units set back a minimum of 30 feet from the public street right-of-way. The following items are enclosed for your information: a) Site location map b) Preliminary Plat c) Proposed Findings of Fact d) Proposed Variance Notification: In accordance with State Statute, Staff sent notification of the request for a variance to property owners within 700 feet of the subject property. Observations: With the adoption of the 2001 Comprehensive Plan, the City has been faced with several townhouse developments for consideration. City staff has struggled in applying current City Ordinances to townhouse developments. The current codes date from the late 70s and do not fully anticipate townhome plats. The Planning Commission and City Council is currently working on revisions to City Code to better regulate townhome developments, but at this time we need to apply current codes to the new townhouse developments. Chapter 9.20.14 of City Code requires buildings to be set back 35 feet from the edge of public right-of-way when located in the R-3 Urban Residential District. Oakwood is requesting a variance to the front yard setback to allow them to place some of their units 30 feet from the edge of the right-of-way.