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Applicable Codes <br />•Title XV Land Usage, Chapter 152 Zoning <br />Code, Sections §152.035 through 152.039 R-1 <br />Single-Family District apply to this proposal. <br />Section 150.039 (G) requires a rear yard <br />setback of 20% of the depth of the entire lot <br />or 25 feet. <br />–The applicant requests a variance to encroach <br />17.5 feet to result in a rear yard depth of 7.5 feet. <br />Criteria For Variance Approval <br />Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245, (C) <br />Evidence, lists the criteria the City Council must consider in determining <br />whether to grant or deny a variance: <br />1.The Subject Matter of the application is within the scope of this section <br />2.Strict enforcement would cause practical difficulties because: <br />a.The property owner proposes to use the property in a reasonable manner <br />not permitted by the zoning code <br />b.The plight of the property owner is due to circumstances unique to the <br />property not created by the property owner; <br />c.The variance, if granted, will not alter the essential character of the locality; <br />and <br />d.Economic considerations alone are not the basis of the practical difficulties. <br />3.The variance, if granted, would be consistent with the City’s <br />comprehensive land use plan. <br />4.The granting of the variance is in harmony with the general purposes and <br />intent of the zoning code. <br />38