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20 April 29, 2014 <br />Page 2 <br />CONSIDERATIONS RELATING TO THE PROPOSED VARIANCE <br />1. Background <br />The Applicants wish to construct a partial second story addition and front stoop onto their existing <br />home located at 3111 Wilson Street. The Applicants have indicated that the addition will be <br />approximately 530 square feet and will be located over the northern portion of the home (closest to <br />Townview Avenue , as opposed to an adjoining residential home to the south). The partial second <br />story addition will be for the construction of a master suite, which will allow modifications to the <br />main level to be made . The proposed layout of the home will maximize the location of the existing <br />stairwell location, which will minimize impacts to the remainder of the home in terms of <br />constructio n/ mod ifica tio ns. <br />The existing home is located within the R1 Zoning District which requires a 30 foot front yard <br />setback . The Applicant's property is located at the corner of Wilson Street and Town View Avenue <br />NE . On corner lots, the front yard setback must be observed from both streets (i.e. the west and <br />north property lines). In this instance, the existing home is considered a "legal nonconforming <br />structure" as it currently does not meet the required front yard (corner side yard) setback from <br />Town View Avenue NE . <br />2. Applicable Codes. <br />Title XV Land Usage , Chapter 152 Zoning Code , Section §152.039 DIMENSIONAL REGULATIONS <br />(WITHIN THE R1 DISTRICT) (F) Side Yards, states that "dwellings must have 2 side yards the <br />combined width of which is at least 15 feet, and each side yard must be at least 5 feet wide. A side <br />yard adjacent to a street must be at lea st 30 feet wide". <br />Title XV Land Usage, Chapter 152 Zoning Code , Section §152.245 VARIANCES (A) Application states <br />that "An owner of property with an existing structure which does not comply with the zoning code, <br />or of property on which such a structure is proposed to be constructed , may apply for a variance <br />upon payment of the fee specified in Chapter 33 ". <br />3. Criteria for and Consistency with Criteria for Variance Approval . Title XV Land Usage, Chapter 152 <br />Zoning Code , Section §152.245 , (C) Evidence , lists the criteria the City Council must consider in <br />determining whether to grant or deny a variance . The applicable criteria include : <br />1. The subject matter af the application is within the scope of this section. <br />The application for a variance is necessary considering the proposed partial second story <br />addition and front stoop are located closer to the corner side (front yard) lot line than is allowed <br />by the Zoning Code . Furthermore, the existing home as it currently sets is in violation of the <br />required setback criteria as outlined in the City Code. Virtually any improvement (enlargement) <br />of the home would require the issuance of a variance . Criteria met. <br />2 . Strict enforcement would cause practical difficulties because: <br />a. The property owner proposes ta use the property in a reasonable manner not permitted <br />by the zoning cade; <br />The property owners propose to make a reasonable partial second story addition to the <br />existing home . The partial second story addition is a modest addition to the home and <br />will be constructed to a portion of the home that will have the least impact to the <br />neighbor immediately adjacent to the property. The property is curre ntly used as a <br />single-family residential use and will continue to be used as such with the proposed <br />addition. Criteria met. <br />b. The plight of the property owner is due to circumstances unique to the property not <br />created by the property owner;