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4) A 33 foot front yard setback variance to allow of setback of 2 feet for the building on 2720 Hwy 88; 5) A 4 foot side yard setback variance to allow of setback of 6 feet for the building on 2720 Hwy 88; 6) A 10 foot rear yard setback variance to allow of setback of 10 feet for the building on 2720 Hwy 88. 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 these variances to 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 the current situation. Granting these variance will approve the current situation, with the change in ownership structure from a condo to a fee title. Criterion met. b. The plight of the property owner is due to circumstances unique to the property not created by the property owner; The owner is requesting this ownership structure change, however the location of the existing buildings are not in the owner’s control to change. 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, because there is no change proposed to buildings. Criterion met. d. Economic considerations alone are not the basis of the practical difficulties. These variances, in conjunction with the plat, will improve the existing situation to more clearly represent and allow for the current practices on the property. 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, which is commercial. Criterion met. 4. The granting of the variance is in harmony with the general purposes and intent of the zoning code. The intent of the zoning code is to protect the health, safety, and general welfare of the city and its people through the establishment of minimum regulations governing land development and use. The zoning code is established to: protect the use districts; promote orderly development and redevelopment; provide adequate light, air, and access to property; prevent congestion in the public streets; prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards, and densities; and provide for compatibility of different land uses. 20