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Page 5 <br />(4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use <br />prohibited in the district. <br />An apartment is allowed in the Medium Density Multiple Family Residential (R-5) district with <br />approval of a conditional use permit. The conditional use permit has been approved by the City <br />Council. <br />(5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood <br />protection than required by this chapter. The variance shall be determined the minimum <br />necessary, considering the flood hazard, to afford relief, and the variance shall not be issued <br />within any designated regulatory floodway if any increase in flood levels during the base flood <br />discharge would result. <br />The property is not located within a floodplain designated by FEMA. <br />(6) Septic and Well Compliance. The sewage treatment system and water system of the subject <br />property is in compliance with city and state codes. <br />The property is served with municipal sewer and water. <br />It's in staff s opinion that the applicant has met the criteria to approve the variance request. <br />7. CONCLUSION: <br />The City Multi -Family Design Guidelines have specific design requirements for multi -family <br />buildings. The applicant has done a good job complying with the design guidelines and the <br />proposed building is attractive and blends in with the surrounding area. If the variance is not <br />granted, the building design would change significantly and would likely result in a flat roof <br />building. The residential developments in this area all have pitched roofs and staff recommends <br />the proposed building have a pitch roof to be consistent with the other residential developments <br />in the area. <br />The building is centrally located within the site, further away from adjacent properties and roads <br />than most residential developments. It will not overshadow existing buildings and will not <br />noticeably change the character of the surrounding development. <br />Staff finds that the proposal meets all the requirements necessary for the City to approve a <br />variance as outlined in the City Code, subject to the attached resolution. <br />8. STAFF RECOMMENDATION: <br />Staff recommended approval of the variance for Rosemary Apartments to allow the building to <br />be 45 feet 7 inches, where 35 feet is required by ordinance. <br />5 <br />