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O'Reilly Auto Parts Site Plan and Variances (1) Law. The variance as requested is permissible by law. The proposed variance is permissible by law. (2)'Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term "Practical Difficulties" as used in the granting of a variance means. a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and, Parking and loading areas are allowed as an accessory use in the Central Business (C-1) zoning district. The applicant is proposing 26 parking spaces, where 41 are required by ordinance. It is in staff's opinion that a reduced amount of parking for the retail use is a reasonable request. b. Unique Circumstances. The plight ofproperty owner is due to circumstances unique to the property not created by the landowner and, The property is with the area guided by the downtown design guidelines. In a typical downtown setting the parking does not meet the strict parking requirements. In reviewing the zoning code, staff has found the existing parking requirements to be quite excessive based on our experience with the typical demand for parking associated with various uses and also when compared with ordinances in other communities. For that and other reasons, staff will soon be proposing zoning text amendments to address the excessive parking requirements found in the code. A typical requirement for retail uses is four parking spaces for each 1,000 square feet of floor area. in that case, for this 6,600 square feet of retail space, 26 spaces would be required. Staff believes that 26 parking spaces for a retail building of this type is reasonable. Despite this, a variance is still required. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood The variance to allow a reduced number of parking spaces will not noticeably alter the character of the area. It is in staff's opinion that the applicant has practical difficulties in meeting the ordinance regulations. (3) &irit and Intent: The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policies of the City's Comprehensive Plan. The spirit and intent of the parking regulations in the ordinance is to ensure that adequate parking is in place for the intended use. Staff's opinion is that the proposed parking spaces are adequate C".