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February 23, 2017 Page 3 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. Request #1: Request for a 4.5-foot variance from the required front yard setback. The applicable criteria include: 1. The subject matter of the application is within the scope of this section. The application for a variance to front yard setback is an 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 applicant is proposing to extend an entryway area into the front yard of their property as part of a larger addition to accommodate more interior living space within their home. The request is not unreasonable for a family that wishes to increase the capacity of their home so that they may stay in the community, and who wish to complete a desired entryway expansion at the time of this addition. While there may be other options for the design of a front entryway that could be considered, the request to construct a small entryway addition on the front side of the home is reasonable. Criterion met. b. The plight of the property owner is due to circumstances unique to the property not created by the property owner; The property is located on a block where, contrary to the norm of other surrounding blocks, the front yard setback measures an average of 35 feet including the property’s own setback and that of the neighboring properties. The minimum setback of the R-1 District is 30 feet or the average of depth of the adjacent properties, whichever is more. But for the fact that the homes on this block exceed the minimum setback distance by five feet, the property owner’s proposed new setback of 30.5 feet would be permissible. The conditions created by surrounding property owners are the origin of this variance request, not created by the applicants themselves. Criterion met. c. The variance, if granted, will not alter the essential character of the locality; and Granting of this variance will not alter the essential character of the neighborhood. Although homes on this block generally have a setback distance of 35 feet, homes on surrounding blocks generally have a 30-foot setback distance. On this particular block, there are many trees and natural vegetation features in the front yard that break up the continuity of the front yard setbacks. The dimensions of the encroachment are minimal relative to the overall size of the home, and will not cause visual disharmony. Criterion met. d. Economic considerations alone are not the basis of the practical difficulties. The applicant’s request is not related to any financial considerations and granting the variance would not relieve the applicant of any financial hardship. 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, low-density residential. The comprehensive plan guides this area detached housing units and granting this variance request will not alter that land use. Criterion met. 13