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hearing, and took public testimony regarding the application. At that meeting, the Planning Commission tabled action to allow the applicant to come back with a revised proposal. The plan has been revised to decrease the impervious surface coverage and removal of the hot tub. According to the revised plans, the proposed impervious surface coverage is 50 percent, which would be an increase of 5 percentage points beyond the existing situation of 45 percent. The current property exceeds the impervious surface limitations, and the current plan proposes to increase the lot coverage by 487 square feet, resulting in a total square footage of 4,913 square foot, or 50 percent of the lot area. Also, the location of the pool equipment is shown to be located 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. The applicant has submitted a plan that conforms to the setbacks and impervious surface, and the building permit has been issued for a conforming project. The applicant seeks to improve the property to direct drainage away from their foundation, therefore requesting an increase in the impervious surface. 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. 8