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Hugo Estates Apartments and Manufactured Home Community Expansion Page 10 <br />zoning district allows apartments with approval of a site plan and conditional use permit. <br />The request is reasonable. <br /> <br />The applicant is requesting to use the property in a reasonable manner. <br /> <br />b. Unique Circumstances. The plight of property owner is due to circumstances unique to <br />the property not created by the landowner and; <br /> <br />The property is 7 acres. The zoning district allows apartment development up to 10 units <br />per acre. The property is unique in that the location of the apartments is adjacent to <br />industrial zoned property which allows a building height of 50 feet. The impact of the <br />building being taller than what is allowed by ordinance is minimized because of the <br />location of the building and its proximity to the industrial zoned property. <br /> <br />c. Character of Neighborhood. The variance, if granted, will not alter the essential <br />character of the neighborhood. <br /> <br />The site is located between an industrial park, manufactured home community, and <br />townhome development. <br /> <br />The City Multi-Family Design Guidelines have specific design requirements for multi- <br />family buildings. The applicant has a good start in meeting the intent of the design <br />guidelines. The residential zoning districts adjacent to the property allows building to be <br />35 feet in height and the industrial zoned properties allow a building height of 50 feet <br /> <br />If the variance is not granted, the building design would change significantly and would <br />likely result in a compact pitch roof that would be architecturally unattractive or a plat <br />roof. The apartment building is compatible with the surrounding development, and will <br />not alter the character of the area. <br /> <br />It is in staff’s opinion that the applicant has practical difficulties in meeting the zoning <br />requirement. <br /> <br />(3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent <br />of this chapter and with the policies of the City’s Comprehensive Plan. <br /> <br />The spirit and intent of the ordinance is to allow a certain building height without adversely <br />impacting the character of established areas and ensuring the building is consistent with the <br />surrounding development. The height of the building will not adversely impact the character of <br />the area and will be consistent with the surrounding development. The granting of the variance <br />will keep with 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 />An apartment is allowed in the Medium Density Multiple Family Residential (R-5) district with <br />approval of a conditional use permit. The applicant has applied for a conditional use permit. <br />