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Leon Variance June 2, 1999 Page 2 Analysis: • As the Planning Commission is aware, in order to grant a variance, there must be a demonstrated hardship or practical difficulty associated with the property which makes a literal interpretation of the Code overly burdensome or even restrictive to a property owner. State statutes require that the governing body review a set of specified criteria for each application and make its decision in accordance with these criteria. There was much discussion regarding these seven criteria at the last meeting, and based upon that discussion, staff has drafted language that relates to the criteria in Resolution 550-99, a resolution which approves the Leons' variance request. The individual criteria, with responses, are as follows: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control. 7386 Parkview Terrace is a substandard lot--its area comprises only 9,150 square feet, a condition the current owners had no part in or control over. The lot was allowed as part of the Silver Lake Woods Second Addition, which replatted a section of larger R-2 zoned lots to smaller R-1 zoned lots. The smaller lot size in and of itself creates practical difficulties in maintaining a typical home. It was not the City's intent in approving this subdivision to limit the size of a house that could be built. b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. Porches and other living space additions are a common feature in this district and serve as a physical improvement to properties. Other properties in this district typically are able to make these types of improvements without the need for variances. However, because the subject property is substandard, it would be unreasonable to assume that the same size house could be built and expanded upon without a comparable reduction in the setback requirements. c. That the special conditions or circumstances do not result from the actions of the applicant. The variance request is the result of two factors over which the applicants had no control. The house was constructed on the substandard lot in such a way that wasted five feet of space alongside the garage. The side-yard setback for garages attached to principal structures is five feet, yet the garage is set back ten feet. Had the house been constructed so as to take advantage of this additional five feet alongside the garage, a variance would