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June 11, 2012 <br />Page 3 <br />1. The subject matter of the application is within the scope of this section. <br />The application for a variance is necessary considering the proposal would result in the property <br />further exceeding the maximum amount of allowable impervious surface. Criteria met. <br />2. Strict enforcement would cause practical difficulties because: <br />a. The property owner proposes to use the property in a reasonable manner not permitted <br />by the zoning code; <br />The home currently does not have front steps or a connection from the front entrance to <br />the driveway. Front steps or a walkway to the driveway are common among most homes <br />in the neighborhood. The lack of an existing walkway from the driveway to the front <br />door creates unsafe conditions on the property. Therefore, staff finds the proposal <br />reasonable. Criteria met. <br />b. The plight of the property owner is due to circumstances unique to the property not <br />created by the property owner; <br />The home was built in the 1940s prior to the implementation of the impervious surface <br />ordinance. The garage was constructed in the back of the property and the driveway <br />extends nearly the depth of the property to reach the garage, accounting for a significant <br />portion of the impervious surface. These conditions existed when the homeowner <br />purchased the property and are, therefore, not the fault of the property owner. Criteria <br />met. <br />C. The variance, ifgranted, will not alter the essential character of the locality; and <br />Granting the variance would not alter the essential character of the locality. The use of <br />the property would not change if the variance is granted. Walkways connecting the <br />driveway to the front door are common in the neighborhood. Granting the variance <br />would improve the appearance of the property and have a positive impact on the <br />neighborhood. Criteria met. <br />d. Economic considerations alone are not the basis of the practical difficulties. <br />The applicant wishes to construct a sidewalk for safer access from the driveway to the <br />front door and to provide an entrance step to the front door. While the proposed <br />enhancements will improve the appearance and property value, economic considerations <br />alone are not the basis of the practical difficulties. Criteria met. <br />3. The variance, if granted, would be consistent with the city's comprehensive land use plan. <br />If the variance is granted, the use of the property would remain the same. The comprehensive <br />plan guides this property for low density residential and is consistent with the application for a <br />variance. Criteria met. <br />4. The granting of the variance is in harmony with the general purposes and intent of the zoning <br />code. <br />The intent of the zoning code is to protect the health, safety, and general welfare of the city and <br />its people through the establishment of minimum regulations governing land development and <br />use. The zoning code is established to: <br />