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5) That the strict enforcement of Zoning Ordinance would cause practical difficulties and that the property owner proposes to use the property in a reasonable manner not permitted by an official control. Specific Finding: The subjectproperty was platted prior (presumed before 1985) to current standards established for the current Ordinary High Water Level. Many homes, this one included, were platted without today's OHWL in mind. Because of this, property owners have had difficulty complying to the establish setback requirements of today. It does not seem reasonable to think homes will comply with both the front (30ft) and 0 WffW (75-100ft) setbacks. Compliance with both seems to be unlikely given the configuration of the lots created prior to current standards. Pertaining to the garage there seems to be no other location for it to be reasonablyplaced to reduce intrusion into setbacks. The deck also seems to he reasonably placed as any other location will put it closer to the ORWE and only a small section of the deck (steps) encroaches into the side yard. Another item to note is the impervious surface calculations will be reduced with the proposed project. 6) The plight of the landowner is due to circumstances -unique to the property not created by the landowner. Specific Findings: As mentioned above, the property is unique in that tile plat was created in a way which did not provide adequate distance for compliance with today Is setbacks from the 411RL. Due to the nature of the lot there seems to be limited improvements which a homeowner can make to theirproperty without variance approval. 7) The proposed variance will not alter the essential character of the locality in which the property in question is located. Specific Findings: The proposed addition would encroach further in to the front yard setback than other homes within the area. However, it does not drastically change the character of the locality, as the addition of the garage does not in and of iiII change the function of the home. Side loadedgarages are not a unique./cature to homes, nor are decks. This also would not be the first homes in the area to have limited front yard space. 8) The proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood,. Specific Findings: The proposed additions will not after or impair supply of light or air to adjacentproperties. The garage will not block an amount of wind or air from neighboring properties so that their use would be disrupted. The garage is also being proposed to increase traffic safety. Reconfliguration of the garage and driveway will allow motor vehicles to maneuver themselves in a way to pullout nose first onto the Jane road, which would increase safety. The addition is also not expected to diminish property values. Based on the foregoing, the Applicant's application for a Variance is granted, subject to the following conditions. 1) The Applicant shall secure any required permits and plan approvals from the City and other applicable jurisdictions. 2) Grading, erosion control, and stormwater management plans shall be submitted in conjunction with a building permit for the property and shall be approved by the City engineer. 3) The proposed retaining wall, if over four feet in height, shall be constructed by plans prepared by a professional engineer. 4) The applicant shall secure any required permits from the Valley Branch Watershed District prior to commencing any grading or construction activity on the site. 5) The deck shall not roofed.