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July 3, 2012 Page 3 today, along with the way in which rooms are set -up, were not in place when the building was constructed. As care and treatment have evolved, so to have state rules and regulations in terms of operations and how the facility needs to be set -up. Facilities are required to meet new standards in how they operate, so when one area of a site is modified, there is the potential to impact other operations, which in turn may require additional modifications. If the physical therapy unit were to be relocated to another portion of the basement, it would impact uses already in existence on the site, which would require additional improvements and modifications to the site. Other uses in the R -4 Zoning District generally would not have these same constraints. Staff believes that the property owners did not create all of the circumstances that is requiring the variance request. Criteria met. c. The variance, ifgranted, will not alter the essential character of the locality; and Granting the variance would not alter the essential character of the locality. The use of the property would not change if the variance is granted and the look and feel of the block will not be noticeably altered. The visual impact of the light well on the exterior of the property is minimal, as the light well will extend no more than three feet into the side yard setback and is less than three feet high. Criteria met. d. Economic considerations alone are not the basis of the practical difficulties. The basis of the practical difficulties is due to the Applicant not being able to relocate the physical therapy unit to another part of the building without impacting other operations on site. Additionally, the proposed location is the most logical location to provide natural light into the building at this particular location. There are no other locations that the light well could be placed to provide light to the physical therapy unit. Economic considerations alone are not the basis of the practical difficulty. Criteria met. 3. The variance, ifgranted, would be consistent with the city's comprehensive land use plan. If the variance is granted, the use of the property would remain the same. The comprehensive plan indicates the current land use is institutional (nursing home) and guides this property for institutional use in the future. Criteria met. 4. The granting of the variance is in harmony with the general purposes and intent of the zoning code. The intent of the zoning code is to protect the health, safety, and general welfare of the city and its people through the establishment of minimum regulations governing land development and use. The zoning code is established to: a. Protect the use districts; The proposal would not change the use of the property. The current use is consistent with the zoning code. Criteria met. b. Promote orderly development and redevelopment; The proposal seeks to make an improvement to the property which will benefit the residents of the nursing home. The Applicant had considered other locations for the light well; however, those locations could not provide the light to the area where it was needed without rearranging multiple other operations within the nursing home. Staff finds the redevelopment of the site to be orderly and logical. Criteria met.