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Grundhofer’s Site Plan, CUP Amendment, & Variance <br />Page 4 <br />adding an addition to the existing building. The location of the existing buildings make it <br />infeasible for the addition to meet side yard setback requirements while maintaining operation <br />efficiency on site. <br /> <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 /> <br />The spirit and intent of the ordinance is to have buildings a reasonable distance from the property <br />lines and roads. The existing buildings and other buildings in the area do not meet the side yard <br />setback requirements, however, the proposed addition is located behind the existing building and <br />away from Highway 61. The variance request would still result in the proposed addition being a <br />reasonable distance from the property line as it would be in line with the existing building and <br />therefore, meet the 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 />Additions are permitted in the C-2 zoning district. <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 FEMA designated floodplain. However, the building <br />addition will be required to meet building code regulations regarding low floor separation from <br />the groundwater elevation. <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 /> <br />The property is served by City sewer and water. <br /> <br />It is in staff’s opinion that the application meets the criteria outlined in the City Code to approve <br />a variance. <br /> <br />D. Site Plan <br /> <br />The application complies with the ordinance standards as follows: <br /> <br />Building Setbacks <br /> <br />The C-2 zoning district requires a minimum side yard building setback of 30 feet. The applicant <br />is proposing a side yard setback of 12 feet. <br /> <br />All other setback requirements are met. <br />