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March 10, 2020 <br />Page 5 <br /> <br /> <br />As noted above, staff recommends approval of the variance for the side yard <br />encroachment for the proposed garage addition as shown in the applicants’ application. <br />The addition of a second garage stall is a common and reasonable use of single family <br />property, and the encroaching structure occupies what is currently an outdoor parking pad <br />area. It is furthermore noted that the 5 foot setback would be the permissible amount on <br />this side if the other side setback were greater, so the building separation to the south is <br />not out of character with the expectations set by the zoning ordinance. <br /> <br />2. Representative Codes Referenced. <br />Title XV Land Usage, Chapter 152 Zoning Code, Section §152.04 (F) Side yards. Each dwelling <br />must have 2 side yards, each having a width of at least 5 feet and having a combined width <br />of at least 15 feet. Any side yard adjacent to a street must be at least 30 feet in width <br /> <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 5-foot variance from the required side yard setback. The applicable <br />criteria include: <br /> <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 /> <br />39