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Staff believes this criterion is met for the rear setback variance request. The area is planned for low- density residential which both properties will remain if granted a variance. Moreover, tree preservation is identified as a goal in the Natural Resources chapter of the City’s Comprehensive Plan, which encourages maintaining existing vegetation where feasible. 3. The applicant can demonstrate that there are “practical difficulties” in complying with the regulation(s) in question. Determination of whether practical difficulties exist shall be based on the following: a. The property owner proposes to use the property in a reasonable manner permitted by this ordinance. The property owner is seeking ensure that mature trees remain in place which is both permitted and encouraged by City ordinances. b. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The properties were developed under a previous version of the City’s zoning code, one that would have permitted this boundary line adjustment without a rear setback variance. The properties are currently both legally non-conforming and there is no way to adjust the shared property line to make both properties conform with the new 40-foot setback standard. Though changes in standards alone are not typically considered enough to be a unique circumstance, the cumulative impact of the standard change and the physical placement of the homes, built to the former standard, creates a practical difficulty not self-imposed by the current owner. c. The variance will maintain the essential character of the locality The entire purpose of the variance is to maintain mature trees, a core attribute of the character of the neighborhood. Staff believe practical difficulties exist and that the applicant meets all required criterion for a variance. There is no other remedy for the homeowner to guarantee the maintenance of the character-defining trees that separate the two properties other than to formally shift the property lines. The properties were developed legally under the city’s code not even 25 years ago, and the property owner is not responsible for the City’s ordinance being changed. Lot Depth Variance 1. The request is in harmony with the purposes and intent of this ordinance Staff believes that this criterion is met for the lot depth variance request. Lot depths requirements are designed to ensure that property owners meet the minimum property size and have sufficient area in front and behind the structure. The homes were constructed when the City did not have a lot depth requirement, but both properties currently exceed the City’s lot size requirements and are proposed to continue to exceed the City’s lot size requirements. 2. The variance is consistent with the Comprehensive Plan. Staff believes this criterion is met for the lot depth variance request. The area is planned for low- density residential which both properties will remain if granted a variance. Moreover, tree preservation is identified as a goal in the Natural Resources chapter of the City’s Comprehensive Plan, which encourages maintaining existing vegetation where feasible. 3. The applicant can demonstrate that there are “practical difficulties” in complying with the regulation(s) in question. Determination of whether practical difficulties exist shall be based on the following: