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February 18, 2020 Page 4 common and expected use of property. If so, the next test is whether unique conditions exist on the property, and whether those conditions create “practical difficulties” in using the property reasonably. As noted above, the applicants could technically expand garage space to the rear, creating a tandem design. While some homes in the neighborhood have rear yard detached two car garages, the current condition on the subject property does not permit adequate room to construct a driveway that would be able to access such a new garage. Moreover, tandem garages are not common, and result in additional parking/circulation issues for owners and neighbors. As noted above, staff recommends approval of the variance for the side yard encroachment for the proposed garage addition as shown in the applicants’ application. The addition of a second garage stall is a common and reasonable use of single family property, and the encroaching structure occupies what is currently an outdoor parking pad area. It is furthermore noted that the 5 foot setback would be the permissible amount on this side if the other side setback were greater, so the building separation to the south is not out of character with the expectations set by the zoning ordinance. 2. Representative Codes Referenced. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.04 (F) Side yards. Each dwelling must have 2 side yards, each having a width of at least 5 feet and having a combined width of at least 15 feet. Any side yard adjacent to a street must be at least 30 feet in width 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 5-foot variance from the required side yard setback. The applicable criteria include: 1. The subject matter of the application is within the scope of this section. 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; b. The plight of the property owner is due to circumstances unique to the property not created by the property owner; c. The variance, if granted, will not alter the essential character of the locality; and