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19 July 11, 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. 1. The subject matter of the application is within the scope of this section. The application for a variance to the rear yard setback is an eligible subject matter for variance criteria because these factors are related to dimensional and /or bulk standards, which are the purview of Zoning Code. 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 construct a 14 by 14 foot deck off the rear portion of their home. The Applicants are proposing to build a deck of a reasonable size and placement, but is not allowed by the Code because deck will encroach upon the rear yard setback. 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 a not circumstance created by the property owner, because the property in question is of a unique size and depth compared to nearly all surrounding lots in this area. While the size and shape of the applicant's home is a factor in creating a shorter rear yard depth, their home meets the dimensional requirements of zoning code. The greatest factor contributing to the applicant's need for a variance is their anomalous short lot depth. Were the lot to be sized the same as their neighbors on the block, they would not require a variance to construct this deck. Criterion met. c. The variance, if granted, will not alter the essential character of the locality; and The addition of a deck in the rear yard of the property in question will not alter the essential character of the locality. Rear yard accessory uses are common in this area. Criterion met. d. Economic considerations alone are not the basis of the practical difficulties. The Applicants do not stand to receive economic gain from the granting of this variance. 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 for detached housing units and granting this variance request will not alter that land use. 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.