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1 encroachment into the front yard setback to accommodate steps, stoops and porches for an easier access and egress. The current residential front yard setback encroachment of five (5) feet is not wide enough allow for the enjoyment of front porch and would not be as useful for outdoor living space as a more traditional six (6) foot front porch. The circumstances causing the hardship were not created by the owner. The current house was built in 1955 on a lot that for the time was quite typical. Whether due to the austerity of the times or design trends, front porches were not generally a consideration in the design and construction of the houses in St. Anthony at this time so no allowance was given to the possibility of a porch in the future. In 1976, the City adopted the Zoning Ordinances whereby five (5) foot encroachments were allowed for steps, stoops and small porches (§152.177). This property was purchased in 2000. The variance, if granted,will not alter the essential characteristics of the locality. The owners are committed to renovating this house to make more room for their growing family and in the process are also contributing to an updated look for their neighborhood. Their remodeling efforts are contributing to the community-wide effort to maintain St. Anthony's housing stock. Additional benefits to the community by these individual efforts include continuing and contributing to the sense of community, the quality of life and encouraging a sense of a village that is welcoming to neighbors. These are qualities that as a City we have adopted and encouraged as a vision for the community. Economic considerations alone are not the basis of the hardship. While the variance,if approved,would certainly allow the Bowers to update the look of their home, adding curb appeal and ultimately increasing the market value of their home, their primary interest as communicated to staff would be in creating a larger living space for their growing family. While maintainirig the value of this property is important,it is not the only consideration for the property owners. They have expressed a desire to live in a community that is committed to fostering and encouraging positive relationships among neighbors and allows for the easy enjoyment of their property. The circumstances causing the hardship are unique to the individual lot. As stated earlier, the lot is a 7,500 SF interior residential lot on Harding Street with the existing house built in 1955,both of which are typical for the time. However,by 1976, when the City codified the Zoning Ordinances, the minimum residential lot size became 9,000SF. While the situation is not specifically unique to this property as the City has several residential properties in the area that were platted and built upon in the 1940s and 1950s and that are non-conforming to those standards established in 1976. As such, these properties do continue to evolve, being updated with currently accepted design standards and aesthetics. In order to maintain the City's housing stock,renovations and design changes will on occasion require formal and legal action on the part of the City to support the residents' efforts that create safe, secure and comfortable places to live. The granting of the variance is in keeping with the spirit and intent of the Zoning Code. The Zoning Code was adopted to protect the health, safety and general welfare of the City and its residents. By granting this variance, the general welfare of neighborhood is protected by the efforts of property owners who are interested in reinvesting in their property thereby continuing to enhance the value of their home, contributing to the spirit of community and fostering positive relationships with neighbors, and thus creating a safer and more secure community. Action: Establish the Findings of Facts for this request and pass a recommend to Council regarding the one- foot variance request to the City's Encroachment Ordinance based on information and testimony presented by the applicants, the public and staff. Communications: Staff received two letters in support of the proposed project and feel that the one foot variance would have little to no impact on the neighborhood. No phone calls or emails were received regarding this application. 04202010 3038 Harding St FY Encroachment Variance.doc