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July 10, 2018 Page 2 CONSIDERATIONS RELATING TO THE PROPOSED VARIANCE 1. Background The applicant is proposing to construct a two story addition to the front side of their home. The applicant indicates the addition will add an additional bedroom in the basement and additional living space on the main level. The minimum required setback in the R‐1 District is 30 feet or the average setback dimension of the two adjacent lots. Most homes on the applicant’s block have a setback of 30 to 35 feet, except the house located to the north, which has a setback of 54 feet. The applicant’s current setback is considered legal non‐conforming, however with the expansion of the addition, it will require a 7‐ foot variance in order to be compliant with the requirements of the R‐1 District. 2. Applicable Codes. Title XV Land Usage, Chapter 152 Zoning Code, Section 152.039 (E) Front yard apply to this proposal. City Code Section 152.039 (E) states the front yard must have a depth equal to the greater of 30 feet or a distance equal to the average of the front yard depths of the two adjacent lots. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245 VARIANCES (A) Application states that “An owner of property with an existing structure which does not comply with the zoning code, or of property on which such a structure is proposed to be constructed, may apply for a variance upon payment of the fee specified in Chapter 33”. 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: Request for a 7‐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 add additional living space of 278 square feet. 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. While there may be other options for placement of the addition, an addition to the front of the home will add positive aesthetics to the front view of the home. 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 most homes have a similar setback, except the house located to the north, which has a setback of 54 feet. The minimum setback of the R‐1 District is 30 feet or the average of depth of the adjacent properties, whichever is more. The setback of the home to the north is particularly large and exceeds the setback distance by 24 feet otherwise the applicant’s setback of 33’ 8” feet would be 18