1. The variance shall be applicable to the property legally identified as Lot 30, Block 3, Longridge 2nd Addition.
2. If the Building Permit fee is not paid and not issued or within one (1) year of the date of approval, the variance approval shall lapse.
3. The property owner shall identify and mark the front property line prior to the issuance of a building permit. 

Iron River Construction, on behalf of Kyle Kudrle the property owner of 15726 Hemlock Ct. has requested consideration of a 5' front setback variance to construct a front porch. City code requires a 30' front setback in the "R-3" (Single Family Residential) zone.

Staff is recommending approval of the variance due to the following practical difficulties.

1. The lot is irregularly shaped, with the curvature of the cul-de-sac being the limiting factor for the setback.
2. If the front porch were constructed without a roof it would be architecturally incompatible with the home and the neighborhood.

The Staff reviews variance applications based strictly upon the requirements of the state statutes and the City Code which require that the applicant establish that there are practical difficulties present in order for a variance to be granted, and that logical alternatives are not available.

Definition of “Practical difficulties”:

• The applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of the code;
• The plight of the applicant is due to circumstances unique to the property not created by the applicant; and
• The variance, if granted, will not alter the essential character of the locality.
• Economic considerations alone do not constitute practical difficulties.

In order to grant a variance, the City considers the following factors to determine whether the applicant established that there are practical difficulties in complying with the provision(s) of this Chapter:

1. Special conditions apply to the structure or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located;
    The property is unique in that a large portion of the front lot line is straight, and then the curvature of the cul-de-sac causes a reduced setback to the home.

2. The granting of the proposed variance will not be contrary to the intent of this chapter;
    The granting of this variance will not be contrary to the intent of this chapter. The property owner intends to use the property in a reasonable manner which is not permitted by the zoning code.

3. The special conditions or circumstances do not result from the actions of the owner/applicant; and
    The conditions of this lot were not created by the property owner and existed prior to their ownership. No part of the request involves economic considerations and the variance, if granted will not alter the essential character of the surrounding neighborhood.

4. The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the zoning provisions of this Code; and
    The property is an irregular shape that if developed differently would result in a house setback that is inconsistent with the rest of the neighborhood. A front porch is consistent with the neighborhood.

5. The variance requested is the minimum variance necessary to alleviate the practical difficulty.
    The variance requested is the minimum necessary to allow construction of a full porch. Any less would result in a porch that is not covered for a section.