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Gopher State Storage Site Plan and Variance <br />Page 5 <br />The applicant is requesting approval of a variance from the front yard setback requirements to <br />construct the building 0 feet from the right-of-way easement on the west side of the property, <br />where 30 feet is required by ordinance. The building will be 39 feet from the west property line, <br />consistent with the other existing buildings on the property. <br />VARIANCE STANDARDS: <br />The Board must review the requested variances with the standards outlined in Section 90-38 of <br />the land use regulations. Staff used these standards to review the variance request and finds the <br />following: <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 property does have constraints due to regards to an existing drainage ditch, <br />floodplain, high ground water, wetlands, right-of-way dedication, and a sanitary sewer <br />pipe going through the property. This does limit the buildable area of the property. A <br />three story building with a maximum height is allowed on in the zoning district as well as <br />the use proposed. Placing a building in that location is a reasonable use of the property. <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 />The property has constraints due to the natural features on the property and the limited <br />buildable area on the site. The right-of-way easement further limits the buildable area if <br />all setback were meet, creating a very small area to build. The right-of-way easement was <br />required to be dedicated with the approval of the previous site plan, creating a new <br />setback requirement for the site. The building is 39 feet from the west front property line. <br />c. Character ofNei,-hborhood. The variance, ifgranted, will not alter the essential <br />character of the neighborhood. <br />The new proposed three story building would be in line with the existing buildings on the <br />property. There are homes in the area that are a similar distance from Highway 61 as the <br />proposed building. However, the building it is taller than the adjacent buildings. The <br />proposed building materials and architecture breaks up the large massing of the building <br />and helps the building be more cohesive with the existing buildings. In the General <br />