Modification of Underlying R1-1 District Regulations

For any development, the City Planning Commission may grant special permits for the modifications of underlying R1-1 District regulations on yards or courts where such modifications are appropriate in order to:

(a)        permit siting of a building or driveway so as to avoid destruction of a valuable tree of six-inch caliper or more; or

(b)        allow a building to be arranged on a zoning lot that includes designated open space without encroaching on such designated open space.

As a condition for granting such modifications, the Commission shall find that:

(1)        the siting of the building will not adversely affect adjacent properties by impairing privacy or access of light and air;

(2)        the benefits to the surrounding area from the proposed arrangement of buildings and open spaces outweigh any disadvantages which may be incurred thereby in the area; and

(3)        such modification is the least modification required to achieve the purpose for which it is granted.

The Commission may impose appropriate conditions or safeguards, such as special landscaping requirements, to minimize any adverse effects on the character of the surrounding area.