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22 June 25, 2013 Page 2 measures two and one half (2'/2) feet from the hone and three (3) feet from the side lot line. The proposed shed meets the required side yard setback. 2. Overview The Applicant wishes to construct a shed on the property for the purpose of storing lawn and garden tools. As shown in the plans provided by the Applicant, the shed is proposed to be located on the southwest side yard of the home. The Zoning Code requires that accessory structures be located within the rear yard, with the exception of detached garage structures. 'Therefore, a variance is required to locate the shed in the side yard. The purpose of the R - IA Single-family Lakeshore District is "to create and maintain lakeshore areas for single-family detached residences, which due to the natural amenity of the lake and topographic characteristics, call for zoning regulations which are somewhat different from other single-family districts and which are designed for the preservation of natural areas". While it would be possible to locate the shed in the rear yard (lakeside), the Applicant prefers this location as a way to preserve the view of the property from the lake. In addition, locating the shed in the rear yard would require grading be done due to the slope of the rear yard. The topography in the side yard is such that no grading would be required. As shown in the attached photos, the proposed location is well screened from the street and adjacent property and sits below two retaining walls. Placing the storage shed in the rear yard to meet the Zoning Code would not provide as ideal of a location in terms of topography and screening; however additional screening could be provided by the Applicant. Given that the Applicant wishes to locate the shed in a location other than the rear yard for the reasons stated above, the proposed location would appear the most logical and reasonable on the existing site. The 'Zoning Code requires that accessory structures be located at least three feet fi-om the side lot line. The proposed location for the shed mects this requirement. The Zoning Code also requires that accessory structures be located five meet from any cave or other portion of a principal structure. While the plan submitted by the Applicant indicates that the shed is four feet from the house, this measurement was taken from the base of the house, not the cave of the roof, as required by the Zoning Code. "rhe Applicant has indicated to staff that the cave of the roof extends an additional eighteen inches. Therefore, the measurement from the home would be two and a half feet and therefore a two and a half -foot variance is necessary. 3. Applicable Code. Title XV Land Usage, Chapter 152 Zoning Code, Section 152.176 Accessory Buildings (A) requires that "no accessory building may be located within any yard other than the rear yard, except that garages may be located in side yards". Title XV Land Usage, Chapter 152 Zoning Code, Section 152.176 Accessory Buildings (D) requires that "Unless attached to and made a part of the principal structure, no cave or other portion of an accessory building may be closer than 5 feet from any cave or other portion of a principal structure...". 4. 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. The applicable criteria include: 1. The subject matter of the application is within the scope of this section. The application for a variance is necessary considering the proposed shed is located in a yard where it is not allowed. The proposed shed is also located closer to the principal structure than is permitted by the Zoning Code. Criteria met.