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Page 3 <br />Staff used these standards to review the variance request and finds that it meets the standards as <br />follows: <br />(1) Law. The variance as requested is permissible by law. <br />The proposed variance is permissible by law. <br />(2) Practical Difficulties. The applicant for a variance shall establish that there are practical <br />difficulties in complying with the provisions of the zoning regulations. The term "Practical <br />Difficulties " as used in the granting of a variance means: <br />a. Reasonable Use. The property owner proposes to use the property in a reasonable <br />manner not permitted by the zoning ordinance and; <br />The applicant is requesting to construct a three-story apartment with a pitched roof. The <br />architecture of the building is consistent with the Multi -Family Design Guidelines and <br />other townhomes developments in the City. The zoning district allows apartments with <br />approval of a site plan and conditional use permit, which was approved by the City on <br />April 15, 2019. <br />The applicant is requesting to use the property in a reasonable manner. <br />b. Unique Circumstances. The plight of property owner is due to circumstances unique to <br />the property not created by the landowner and; <br />The 18 acre property has several wetlands creating approximately 4.5 buildable acres. <br />The zoning district allows apartment development up to 10 units per acre. The site plan <br />and general architecture has been approved by the City Council. The property is unique in <br />that the location of the buildable area and largest area to build is central to the site. The <br />building will be located over 200 feet away from the street and nearby homes. The impact <br />of the building being 10 feet taller than what is allowed by ordinance is minimized <br />because of the location of the building and its proximity to the road and other residential <br />development. <br />c. Character o Neighborhood. The variance, if granted, will not alter the essential <br />character of the neighborhood. <br />The City's Comprehensive Plan guides the land use for the site as Medium Density <br />Residential (MD). The site is located between a commercial area, large lot residential, <br />and a townhome development. The property is part of the Frenchman Place development <br />that was master planned in 2008. There are several lots in the development that were <br />proposed to be a combination of institutional, residential, and commercial uses. <br />3 <br />