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FILE # 16-3851 9 Aug 2016 Page 4 of 5 a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of additions to the existing garage, an oversized accessory structure, within the 30 foot side and rear setback areas appears to be reasonable as the adjacent properties do not appear to be adversely impacted; the mature vegetation and topography separate the Property from the adjacent neighbors. The proposed setback between the house and the garage at 9 feet is a corner -to-corner measurement. The encroachment will not create an unreasonable perception of additional massing. b. There are circumstances unique to the property not created by the landowner; The size of the garage, and the size and orientation property were not the result of actions by the landowner. The neighboring home is set back sufficiently to allow for light, air, and open space between the garage and the home; and c. The variance will not alter the essential character of the locality. The proposed additions to the garage and home will not alter the character of the neighborhood. The existing home plus detached garage to be expanded are set back sufficiently from Carman Street and it does not appear that a second story addition on the existing garage will adversely impact the neighbor to the south who has provided supportive comments. The structures on adjacent lots are set back 62 feet for the home and 27 feet for the detached garage to the north; and the home to the south is over 84 feet from the property line. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The applicant’s home is a corner lot with a defined front yard on Shoreline Drive with the functional front facing Carman Street. The garage, constructed in 1975, is in a nonconforming location on the property. The proposed improvements to the garage will not increase the nonconformity. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The nonconforming location of the garage and the corner lot status make this property unique in the neighborhood. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff finds this criterion to be met. 7. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The location and size of the garage as well as the garage’s proximity to the home create practical difficulties affecting the Property; the variances are necessary and not merely serve as a convenience to the Owner. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located.