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Degnan Variance - 12160 Falcon Ave N Page 2 B. Setback Requirement Variance The R-1 zoning district requires a 30 foot rear yard building setback. The applicant is requesting to build a 780 square foot accessory building 10 feet from the rear lot line. 4. VARIANCE STANDARDS: The Board must review the requested variances with the standards outlined in Section 90-38 of the land use regulations. Staff used these standards to review the variance request and finds the following: (1) Law. The variance as requested is permissible by law. The proposed variance is permissible by law. (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term "Practical Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; Per City Code, any property zoned R-1 that is less than three acres in size shall be allowed two accessory buildings with a maximum combined size of 1,500 square feet. The construction of a 780 square foot accessory building on the property is permitted and it is in staff s opinion that it is reasonable to request a variance for setback requirements due to the conditions on site. b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and, The property is unique in that there is a naturally occurring swale and two existing, mature oak trees near 30 feet from the rear yard lot line. Should the proposed accessory building be built meeting the rear yard setback requirements, there is a potential for drainage to be impeded on the site and would require the removal of the oak trees. The mature oak trees provide screening from the adjacent properties as well as from Falcon Avenue. In addition to the natural characteristics of the property, the location of the existing well and the area set aside for a potential future septic mound limit the location of an accessory building on site. c. Character ofNei,-hborhood. The variance, ifgranted, will not alter the essential character of the neighborhood. Single family homes are the primary use within this area and are allowed in the R-1 zoning district. There are similar properties in the area that also have accessory buildings on site. The proposed setback variance would not noticeably alter the character of the area. W