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Acres of Bald Eagle <br />Page 5 <br /> <br /> <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 /> <br />The shape of the property is unique in that has three separate access points to public <br />streets, two on Everton Avenue North and one on 121st Street North. Besides the access <br />point for the existing house that will remain, the other access points do not meet the <br />minimum lot width requirements. The property has been this shape for several decades <br />and staff did not find any information on how it became this way. <br /> <br />c. Character of Neighborhood. The variance, if granted, will not alter the essential <br />character of the neighborhood. <br /> <br />There are other properties in the area that do not meet the lot width requirements for the <br />zoning district and the proposed variance would not noticeably change the character of <br />the area. <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 zoning regulations is to establish lot width requirements for <br />subdivisions in each zoning district. The property currently has three access points two along <br />Everton Avenue and one along 121st Street. Currently the property could be accessed by any of <br />the access points. The existing home is remaining on site. The applicant is proposing to <br />subdivide the property and gain access to lots 8 and 9 through the other access points along <br />Everton Avenue and 121st Street. It is in staff’s opinion that the spirit and intent of the ordinance <br />is meet. <br />(4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use <br />prohibited in the district. <br />A residential lot is allowed in the City Code. <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. <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 proposed to be served by City sewer and water. <br /> <br /> <br />