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Scanlan Variance and CUP <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 proposing to use the property for a single family home. This is <br />reasonable use of the property as it is consistent with how the properties have been used <br />for several years. <br />b. Unique Circumstances. The plight of property owner is due to circumstances unique <br />to the property not created by the landowner and; <br />Parcel A has a separate tax identification number and has been used as a separate parcel <br />for several years. Although the property has a covenant against it to be combined with <br />parcel C, it is unique in that is has a home on it and has been used as a separate parcels <br />for several years. <br />c. Character of Neighborhood. The variance, if granted, will not alter the essential <br />character of the neighborhood. <br />The variance will not noticeably change the character of the area. <br />It is in staff's opinion that there are practical difficulties in meeting the ordinance standards. <br />(3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and <br />intent of this chapter and with the policies of the City's Comprehensive Plan. <br />The spirit and intent of the ordinance is to ensure parcels in the FUS zoning have adequate street <br />frontage for access to the parcel. The property does have approval to cross parcel B with a shared <br />driveway to access the parcel. The property has adequate access to a public street and meets the <br />spirit and intent of the ordinance. <br />(4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use <br />prohibited in the district. <br />The use is allowed in the FUS zoning district. <br />(S) 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 area. <br />