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October 13, 2015 Page 2 The Applicants propose to construct a covered front porch on the property located at 3323 Skycroft Dr. According to the submitted plans, the covered porch would be 23.5 feet wide by 8 feet deep. The roof over the porch would extend another 2.5 feet into the front yard. The height of the front porch is proposed to be 7.87 feet. The existing house currently has a front yard setback of 34.92 feet. The applicants’ request would result in a front yard setback of 27.64 feet. 2. Applicable Codes. Title XV Land Usage, Chapter 152 Zoning Code, Sections §152.035 through 152.039 R-1 Single-Family District apply to this proposal. Section 150.039 (E) requires a front yard setback of the greater of 30 feet or the average of the front yard depths of the 2 adjacent lots. Furthermore, Section 152.177 allows steps, stoops, and porches to encroach into the front yard by 5 feet. The home to the west has a front depth of 34.85 feet and the home to northeast has a front yard depth of 35.14 feet resulting in the average of 35.00 feet. The applicant requests a variance to encroach 7.36 feet to result in a front yard depth of 27.64 feet, and necessitating a 2.36 foot variance. 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 application for a variance to setbacks is an eligible subject matter for variance criteria because these factors are related to dimensional standards. 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 use the property in a way that is reasonable. A front porch is normal feature of a single family house and is becoming increasingly common. Criterion met. b. The plight of the property owner is due to circumstances unique to the property not created by the property owner; The R-1 Single Family Residential zoning district designates the front yard setback based on the average setback of the adjacent lots. The home to the west has a front depth of 34.85 feet and the home to northeast has a front yard depth of 35.14 feet resulting in the average of 35.00 feet. The house at 3323 Skycroft Dr has an existing front yard setback of 35 feet, which is not unique to this property. Since the construction of a new addition will necessitate the variance, staff finds this Criterion is not met. c. The variance, if granted, will not alter the essential character of the locality; and Granting of this variance would not alter the essential character of the neighborhood. The two adjacent lots have a front yard setback of 35 feet. It appears that many of the other homes in the neighborhood also have a minimum of a 35 feet front yard setback, 34