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Scanlan Variance and CUP <br />they cannot be sold separately. The applicant remains the owner of parcel A and C, parcel B is <br />owned by separate owner. <br />Parcel A and B both had homes on the properties. In 1999, the applicant built a house on parcel <br />C. It was permitted by the City by the issuance of a building permit. From that time, Parcel A and <br />C have been taxed and used as separate parcels. The applicant is now requesting approval of the <br />variance and CUP and to have the covenants released so they can be sold separately. <br />3. CONTEXT: <br />A. Surrounding Land Use and Zoning <br />The properties and surrounding properties are zoned Future Urban Service (FUS) and are large <br />lots with single family homes. The properties are guided Agricultural (AG) in the 2040 Land Use <br />Plan. <br />4. LEVEL OF DISCRETION IN DECISION-MAKING: <br />The City's discretion in approving or denying a variance is limited to whether or not the <br />proposed project meets the standards in the Zoning Ordinance for a variance. The City has a <br />higher level of discretion with a variance because the burden of proof is on the applicant to show <br />that they meet the standards in the ordinance. <br />The City's discretion in approving or denying a conditional use permit is limited to whether or <br />not the proposed application meets the standards outlined in the Zoning Ordinance. If it meets <br />these standards, the City must approve the conditional use permit. <br />5. ANALYSIS: <br />A. Consistency with Ordinance Standards <br />Variance Request <br />The applicant is requesting approval a variance for the property located at 17530 Henna Avenue <br />North for the property to have 0 feet from street frontage, where 300 feet is required by <br />ordinance. The property is an existing land locked parcel. <br />The Planning Commission must review the requested variances with the standards outlined in <br />Section 90-38 of the land use regulations. Staff used these standards to review the variance <br />request and finds the following: <br />(1) Law. The variance as requested is permissible by law. <br />The proposed variance is permissible by law. <br />