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Watkins Variance – 13345 Homestead Avenue North <br />Page 2 <br /> <br /> <br /> 2 <br />higher level of discretion with a variance because the burden of proof is on the applicant to show <br />that they meet the standards in the ordinance. <br /> <br />4. ANALYSIS: <br /> <br />A. Surrounding Land Use and Zoning <br /> <br />The surrounding properties are zoned Rural Residential (RR) and are classified as Large Lot <br />Residential (LL) in the 2040 Land Use Plan. The surrounding properties range from one to ten <br />acres in size and are occupied by residential homes. <br /> <br />5. VARIANCE STANDARDS: <br /> <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 /> <br />(1) Law. The variance as requested is permissible by law. <br /> <br />The proposed variance is permissible by law. <br /> <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 /> <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 /> <br />Attached garages are allowed in the RR zoning district. Attached garages are allowed to <br />be 1,000 square feet plus 25 percent of the amount by which the footprint of the house <br />building exceeds 1,000 square feet in size. In this case the total amount allowed would be <br />1,113 square feet. This property would allow 2 accessory buildings for a total combine <br />square footage of 3,500. There are no accessory buildings on the property. <br /> <br />The applicant is requesting to construct a 1,120 square foot addition to the existing 1,350 <br />attached garage. The applicant received a variance in 1995 for the existing 1,350 square <br />foot garage. The applicant has stated that they would reduce the allowed square footage <br />for an accessory building by as a condition of approval of the variance. The applicant is <br />proposing to use the property in a reasonable manner. <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 in that it is a 5 acre parcel in a zoning district that has a minimum <br />lot size of 10 acres. The house is on the east side of the property about 550 feet from <br />Homestead Avenue North. There are also constraints on the property that make it unique. <br />The property has several large trees on the property and the applicant does not want to cut