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Kruse Variance <br />Page 3 <br /> <br /> <br /> 3 <br />The property is a vacant parcel and a lot of record. The property owner would like to be <br />able to build a home on the property. Single family homes are allowed in the Rural <br />Residential (RR) zoning district. <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 property is unique because it narrow and sits tightly between Sunset Lake and Ingersoll <br />Avenue North. The strict enforcement of the ordinance would cause undue hardship <br />because the property owner would not have a reasonably sized building area for a new <br />home without the granting of variances. <br /> <br />c. Character of Neighborhood. The variance, if granted, will not alter the essential <br />character of the neighborhood. <br />Several homes in the area do not meet the shoreland setback requirements. The building <br />is proposed to in line with the other homes in the area. The proposed variance requests <br />would not change the overall character of the area. <br />It’s in staff opinion that there are practical difficulties in meeting the shoreland setback <br />requirements. If the applicant were to meet the shoreland setbacks, there would not be a building <br />area for a home. The proposed building area related to the proposed setbacks will fit in with the <br />other homes on the neighborhood. <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 />The spirit and intent of the shoreland setback requirement is to keep buildings a reasonable <br />distance from the lakes. Several homes in the area do not meet the shoreland setback <br />requirements. The variance requests would not change the overall character of the area, <br />therefore, would 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 /> <br />The construction of a house is allowed in the RR 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 />A portion of the property is located within a FEMA designated floodplain. The proposed house <br />will not be located in this area. The lowest floor of the house is required to be 3 feet above the <br />floodplain elevation. The proposed lowest floor elevation of the house meets this standard.