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Planning Case VR2014-007 September 17, 2014 Staff Report Page 2 a. The variance is in harmony with the general purposes and intent of these regulations. The zoning code requires minimum structure setbacks for aesthetics and to provide separation and some sense of privacy between neighbors. Enclosing the deck will provide more separation and privacy for the owners and the neighbors than the current open deck. b. The variance is consistent with the Comprehensive Plan. The Comprehensive Plan does not specify setback criteria, but it does support improvements to properties. c. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. The property currently has a deck on the back of the home that has an 18 foot setback from the rear property line. By changing the deck into a covered porch, it now must have a 30-foot setback. Due to the shallow depth of the lot, no living space additions would meet the 30 setback. d. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this Title has had no control. The unique circumstances do not result from the actions of the applicant. This property was subdivided in such a way that created a shallow lot. The applicant’s purchased the property as-is and did not cause the unique circumstance. e. The variance does not alter the essential character of the neighborhood. The new porch will have no effect on the look of the property from the street, and would only be visible to the immediate neighbors. A privacy fence surrounds the backyard. f. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. The 12-foot variance is the minimum variance needed since that is what the Zoning Code requires for living space setback. g. The Planning Commission may impose such conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Staff has no suggestions for conditions for the variance request. The Planning Commission may add conditions as they see applicable.