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They are proposing to create a 2-car tandem garage and need the variance to add more space to make the garage more functional. 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 (F) requires a side yard setback of 5 feet. The applicant requests a variance to encroach 3.2 feet to result in a side yard depth of 1.8 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 the side yard setback is 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 allow the property owners reasonable use of their garage, which is not currently possible because of the small size of the garage built in 1948. The request is the minimum necessary to make reasonable use of the garage. Criterion met. b. The plight of the property owner is due to circumstances unique to the property not created by the property owner; The plight of the property owner is due to the small size of the garage. Many of the other properties in the area have two-car garages. Criterion 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 Applicants are not proposing any new use or density and two car garages exist in 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 existing house has very small one-car garage. The addition to the garage is based on the desire of the Applicants to use their garage in a reasonable manner. It is not perceived that economic considerations are the sole basis of the practical difficulty. Criterion met. 3. The variance, if granted, would be consistent with the City’s comprehensive land use plan. If the variance is granted the use of the property would remain the same land use as it is today, single-family residential. The comprehensive plan guides this area for single-family use and the expansion of the garage will not alter that land use. Therefore, granting of the variance related 10 10