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Barnhart Variance <br />Page 3 <br />Many of the homes located in area do not meet the building setback requirements within the City <br />ordinance. In addition, the applicant's existing home is already located three feet from the west <br />side property line. The variance, if granted, would not alter the character of the area. <br />It is in staff's opinion that there are practical difficulties in complying with the ordinance. <br />(3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent of <br />this chapter and with the policies of the City's Comprehensive Plan. <br />The requested variance is keeping with the spirit and intent of the ordinance. The intent of the ordinance <br />is to allow green space between homes. The applicant's home has been located three feet from the west <br />side property line since construction. The neighbor, to the west, has constructed their home very close to <br />their west side property line. This means that there is approximately 80 feet between homes, which meets <br />the intent of the ordinance. <br />It is the staff's opinion that the proposed side yard setback would be keeping with the spirit and intent of <br />the ordinance. <br />(4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited <br />in the district. <br />Construction of an addition is permitted within the City. <br />(5) Hazard Consideration. The variance, ifgranted, shall notpermit a lower degree of flood protection <br />than required by this chapter. The variance shall be determined the minimum necessary, considering <br />the flood hazard, to afford relief, and the variance shall not be issued within any designated regulatory <br />floodway if any increase in flood levels during the base flood discharge would result. <br />The property is not located within a floodplain. <br />(6) Septic and Well Compliance. The sewage treatment system and water system of the subject property <br />is in compliance with city and state codes. <br />The property is served by municipal sewer and water. <br />6. CONCLUSION: <br />It's in staff's opinion that the applicant meets all the criteria necessary to approve the variance request. <br />7. RECOMMENDATION: <br />Staff recommends approval of the variance request for a side yard setback of three feet in order to construct <br />the proposed porch addition. <br />ATTACHMENTS: <br />1. Resolution <br />2. Location Map <br />3. Site Plan <br />