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Resolution 2001- 12 <br />Page 2 <br />the applicant could not move the pole building farther from the road because of <br />the location of an existing garage. Lastly, the applicant could not move the <br />building to west side of the home because of the location of the septic drain field. <br />C. The granting of the variance would be in keeping with the spirit and intent <br />of the ordinance. <br />The 40 x 40 foot building would encroach into the required front yard setback by <br />12 feet. As such, the majority of the building would be setback behind the home. <br />The location of the building along with the proposed 88 -foot setback from the <br />front property line would be keeping with the spirit and intent of the ordinance, <br />which is to prevent accessory buildings from being located between the home and <br />road, and thereby, visually dominating the appearance of the property. <br />d. The property can not be put to reasonable use without the granting of the <br />variance. <br />The property is planned and zoned for agricultural use. Pole buildings and other <br />similar accessory buildings are a common use in the agricultural zoning district <br />and are often needed for storage of equipment, personal belongings, and other <br />items consistent with a rural lifestyle. <br />e. The variance, if granted, would not alter the essential character of the <br />locality in which it would be located. <br />The proposed building would not alter the character of this agricultural area <br />because pole buildings are common in agricultural areas, and the applicant would <br />meet the spirit and intent of the ordinance which is to avoid having accessory <br />buildings located in front of the primary residence. As indicated on the site plan, <br />the pole building would be 40 feet east of the home and would only extend 12 feet <br />into the required setback of 100 feet (the setback of the home). <br />f. The variance, if granted shall not have the effect of allowing, in any <br />district, any use prohibited in the district. <br />The proposed pole building is an accessory use in the agricultural zoning district. <br />g. The variance, if granted, shall not permit a lower degree of flood <br />protection than required by the ordinance. <br />The subject property is not within a floodplain. <br />h. The sewage treatment system and water system of the subject property is <br />in compliance with city and state codes. <br />