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W Because the applicant is planning to tear down and expand the existing, legal non -conforming garage, a variance is needed in order to construct in the same, but expanded, location. 2. Applicable Codes. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.176 ACCESSORY BUILDINGS (B) Minimum Setback states that "the wall of an accessory building shall not be locate less than five feet from any property line. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245 VARIANCES (A) Application states that "An owner of property with an existing structure which does not comply with the zoning code, or of property on which such a structure is proposed to be constructed, may apply for a variance upon payment of the fee specified in Chapter 33". 3. Criteria for and Consistency with Criteria for Variance Approval. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245, (C) Evidence, lists the criteria the City Council must consider in determining whether to grant or deny a variance. The applicable criteria include: 1. The subject matter of the application is within the scope of this section. The request for a variance for a setback for a garage is within the scope of this section because a setback is a dimensional standard, and city code allows deviations from setbacks through the variance process. Criterion met. 2. Strict enforcement would cause practical difficulties because: a. The property owner proposes to use the property in a reasonable manner not permitted by the zoning code, The property owners propose to increase the size of their garage from an existing one - car garage to a two -car garage. They are not proposing to increase the non -conformity from the rear setback, and are proposing to locate the new garage in its current, but expanded, location. Therefore, the use of the property, as proposed is reasonable. Criterion met. b. The plight of the property owner is due to circumstances unique to the property not created by the property owner; The existing garage does not meet the setback, which is out of the control of the property owner. However, the property owner is proposing to expand the garage, which is an action by the property owner, which is necessitating the need for the variance. Criterion not met. c. The variance, if granted, will not alter the essential character of the locality; The existing garage, and the garages on the alley, are set back one foot from the property (see pictures in Exhibit C). Since the garages on the block are set back one foot, and many are two car garages, granting this variance would be in keeping with the character of the neighborhood. Criterion met. d. Economic considerations alone are not the basis of the practical difficulties. The basis for the practical difficulties is that the garage is currently set back one foot from the property line. Also, increasing the size of the size increases the livability of the home and property, which may have a positive impact on the property's value. While economic considerations are a factor, as the value of the home may increase as a result of the new garage, it is not perceived that they are the sole basis of the practical difficulty. Criterion met.