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July 3, 2012 Page 2 As proposed, a variance would be needed for the rear yard setback (31 feet is the required distance). Originally, the Applicant had pursued a different design, but it was determined that design was incompatible with Silver Lake Road being the front of the parcel. 2. Overview The property is a corner lot, situated at the junction of Silver Lake Road and Hilldale Avenue NE. The front of the home faces Silver Lake Road and driveway access to the parcel is provided off of Hilldale Avenue NE. The property is 80 feet wide and 155 feet long. The property is in the R -1 zoning district. The Zoning Code requires a rear yard setback equal to the greater of 20 percent of the depth of the entire lot or 25 feet (152.039 (G)). The setback for the property is 31 feet using the 20 percent rule. Therefore, the variance is necessary due to the garage being proposed 15 feet from the rear lot line. The City's Zoning Code has a provision for a garage setback permit. This option, however, limits the property owner to a garage that is 528 square feet. The proposed garage is 648 square feet, so a variance would be needed from the garage setback permit process. In discussing the situation with the city attorney, there would be two options to pursue: 1) a rear yard setback variance or 2) a variance from the garage setback permit process. Given the stipulations for the garage setback permit process, legal and planning staff agreed that the cleaner approach to the variance is a simple rear yard variance. The property owners state that placing the garage completely outside the rear setback would place the garage only 14 feet from the eastern wall of the house which would be harmful for several reasons. The garage would block light coming into the dining room, affecting the enjoyment of the room. It would also prohibit building any deck or patio off of the eastern wall of the house. Locating the garage 14 feet from the home could also have an impact on drainage, as there would be limited space between both structures, which could result in excessive storm water runoff and flooding in the principal dwelling. The property owners have stated that an attached garage is not a feasible option, as it would fundamentally change the character and form of the house. The only location for an attached garage would be the eastern wall, which would require that the owners enter the garage through the dining room. This action would result in the house not meeting the occupancy requirements stated in the code (150.095 (A)). 3. Ordinance Authority. Title XV Land Usage, Chapter 152 Zoning Code, Section 152.039 Dimensional Regulations (G) requires that the rear yard "must have a depth equal to the greater of 20% of the depth of the entire lot or 25 feet" in the RI district. In this case, the 20 percent of the depth of the entire lot would apply. This distance is 31 feet. 4. 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 is necessary considering the location of the proposed garage does not meet the required rear yard setback. Criteria met. 2. Strict enforcement would cause practical difficulties because: