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The property currently has a front yard depth of 35 feet. The applicants’ request would result in a front yard depth of 28 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. The home to the west has a front depth of 34.75 feet and the home to east has a front yard depth of 35 feet resulting in the average of 34.87 feet. The applicant requests a variance to encroach 7 feet to result in a front yard depth of 28 feet. 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 reasonable. The proposed addition will be occupied by an expanded entry and a staircase, which are common in all two story homes. 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 34.75 feet and the home to east has a front yard depth of 35 feet resulting in the average of 34.87 feet. The house at 3425 Skycroft Cir has an existing front yard setback of 34.92 feet, which in not unique and the desire to add on to the house is causing the need for a variance. Criterion 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. While it appears that many of the other homes in the neighborhood also have about a 35 feet front yard setback, granting the 7 foot encroachment into the front yard would not be out of character for this neighborhood. There are been previous requests of this nature in the past that have been approved consistent with this criterion. Criterion met. 6