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May 11, 2015 Page 2 the impervious surface limitations, and this plan proposes to increase the lot coverage by 1,738 square feet, resulting in a total square footage of 6,164 square foot, of 63 percent of the lot area. Also, the location of the pool equipment is shown to be located approximately 5 feet from the side and rear property line, resulting in a need for a variance to the required 10 foot side and rear yard setback. 2. Applicable Codes. Title XV Land Usage, Chapter 152 Zoning Code, Section §150.05 to 150.058 SWIMMING POOLS apply to this development project. Section 150.052 c. (1) requires a ten foot setback for pool equipment from all property lines. Additionally, Section 152.039 (H) of the zoning chapter also applies, which limits lot coverage to 35 percent on lots greater than 9,000 square feet in size. 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 lot coverage and setbacks are eligible subject matter for variance criteria because these factors are related to dimensional and/or bulk 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 not reasonable. The current property already exceeds the lot coverage maximum, and the proposed project will significantly add to the imperviousness of the lot, resulting in a coverage of 63 percent. The construction of the pool could be accommodated with no substantial increase in impervious surface, if some hard cover is removed from the patio or driveway area to accommodate the increase in hard cover resulting from a pool deck. Criterion not met. b. The plight of the property owner is due to circumstances unique to the property not created by the property owner; The property constraints are caused by the desire of the property owner to have a pool and large deck, and to locate the pool equipment in a more advantageous location for the deck layout. The need for the variances is caused by the property owner. Criterion not met. c. The variance, if granted, will not alter the essential character of the locality; and Granting of this variance will not alter the essential character of the neighborhood. The proposed pool would be located behind a fence. Furthermore, since all of the