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CITY RESOLUTION OF 'TIM CITY COUNCIL NO. 6 6 6 O A10. Lots in the Swan Lake Addition (subdivided in 1959) which borders the creek, including homes on Leaf Street and Cygnet Place, are typically s/4-1 acre in size. This area was developed prior to the current 2 -acre zoning. The dam that created a pond from what was initially a narrow creek, was constructed between 1956 and 1960 based on available airphotos. At the time the applicants' home was constructed, the City would have not had a 75' setback from the creek. Prior to 1992, the creek would have been considered as a wetland for setback purposes, with a structure setback requirement of 26' and no hardcover limitations. All. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. VARIANCE ANALYSIS: B1. "Variances shall only be permitted when they are in harmony with the general pwposes and intent of the ordinance...." Single-family homes are an allowed use within the RR - 1B zoning district, and the proposed deck and storage area are common elements of single family homes. B2. "Variances shall only be permitted... when the variances are consistent with the comprehensive plan." The proposed construction is for a residential use which is consistent with the comprehensive plan guiding of this and surrounding properties for residential use. B3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: i. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls." ii. The plight ofthe landowner is due to circumstances unique to his properly not created by the landowner." iii. The variance, if granted, will not alter the essential character of the locality.'° The property owners are proposing to use the property in a reasonable manner but the specific setback requirements of the Zoning Code relative to hardcover and structure location result in the need for variances in order to construct the deck and storage area. 3