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May 14, 2019 <br />Page 7 <br /> <br />2. Representative Codes Referenced. <br />Title XV Land Usage, Chapter 152 Zoning Code, Section §152.039 (E) Front yard apply to this <br />proposal. City Code Section 152.039 (E) states the front yard must have a depth equal to the <br />greater of 30 feet or a distance equal to the average of the front yard depths of the two <br />adjacent lots. <br />Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245 VARIANCES (A) Application <br />states that “An owner of property with an existing structure which does not comply with <br />the zoning code, or of property on which such a structure is proposed to be constructed, <br />may apply for a variance upon payment of the fee specified in Chapter 33”. <br /> <br />3. Criteria for and Consistency with Criteria for Variance Approval. Title XV Land Usage, <br />Chapter 152 Zoning Code, Section §152.245, (C) Evidence, lists the criteria the City Council <br />must consider in determining whether to grant or deny a variance. <br />Request: Request for a 7-foot variance from the required front yard setback. The applicable <br />criteria include: <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 not <br />permitted by the zoning code; <br />b. The plight of the property owner is due to circumstances unique to the property <br />not created by the property owner; <br />c. The variance, if granted, will not alter the essential character of the locality; 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 comprehensive land use <br />plan. <br />4. The granting of the variance is in harmony with the general purposes and intent of the <br />zoning code. <br /> <br />SUMMARY AND STAFF/PLANNING COMMISSION RECOMMENDATIONS <br />Front Yard Setback Variance. Staff and Planning Commission recommend approval of the <br />requested front yard setback encroachment variance at 2609 Pahl Avenue with the following <br />conditions: <br />A. The front steps are constructed to a point no closer than 25.6 feet from the front <br />property line, as shown on the plans dated 10/31/18. <br />B. The plans are modified to meet the zoning ordinance requirements for all other <br />aspects, including patio setback and impervious surfaces, unless otherwise approved by <br />the City Council. This condition would include removal of any unapproved elements of <br />27