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August 17, 2020 Page 3 use is often thought of as one that would be common and acceptable in the area. Variances may not be entirely economic in nature, nor be the result of the actions of the applicant. In this case, the property owner has a rear year that is approximately 40 feet wide east to west, and 50 deep north to south. The properties to the east have pool areas of approximately 40 feet in length and 20 feet in width. A pool of this size could fit into the allowable rear yard on the subject property, and the surrounding fence would not need to encroach into the setback toward Maplewood Drive. This would require removal of the existing shed to accommodate that pool size. However, even with removal of the shed, the pool itself would consume the remaining impervious surface allowance on the property, even before the applicants added decking around the pool. With 4 feet of decking around the pool area, the maximum swimming pool area would be approximately 30 feet in length by 18 feet in width to consume the available impervious allowance. As noted, this presumes the removal of the shed. Such an installation of pool and decking– totaling 38 feet in length and 26 feet in width, would both meet the impervious standard and be able to fit into the existing rear yard. For variance consideration, there is a two-step test. First is the definition of “reasonable use”. There is no specific presumption that a pool of any particular size is an integral component of residential use. The second test is whether there are unique physical conditions on the property that require consideration of a variance to reach the reasonable use as defined. The parcel itself is a typical residential parcel of common dimensions and use. As noted above, staff recommends denial of the variance for the 6 foot high fence encroachment into the front setback. 2. Representative Codes Referenced. Title XV Land Usage, Chapter 150 Zoning Code, Section 150.072, Fence Regulations. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245 VARIANCES. 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 variance to fence height. 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