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Heinle Variance – 14320 Grantaire Lane North <br />Page 3 <br /> <br /> <br /> 3 <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 />Window wells are allowed to encroach 2 feet into the required setback. For example, if <br />there is a 5 foot side yard setback a window well can encroach 2 feet into the required <br />setback. <br /> <br />Building code requires window wells to be at least 3 feet for safe exits in case of an <br />emergency. Because of the building code requirement, and the walls of the window wells, <br />the applicant is requesting the window wells to encroach 3 feet 8 inches into the required <br />side yard setbacks. <br /> <br />The applicant is proposing to use the property in a reasonable manner. <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 property is a typical lot in the area. The house meets the setback requirements, but <br />the window wells exceed the encroachment allowance by 1 foot 8 inches. If the <br />encroachment was caught during the building permit phase the house could have been <br />redesigned to meet the ordinance regulation. <br /> <br />c. Character of Neighborhood. The variance, if granted, will not alter the essential <br />character of the neighborhood. <br /> <br />The window wells would not noticeably change the character of the area. <br /> <br />A permit was issued for the new house. The property owner went through the proper steps to <br />construct the house. Staff was in error when permitting the house. Considering the unusual <br />circumstances that led to the construction of the window wells, a case can be made that there are <br />now practical difficulties in meeting the ordinance because of the time and materials that the <br />applicant has put into the house. <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 proposed window wells are relatively small and at grade, so as to not dominate the look of <br />the house. The spirit and intent of the ordinance for a side yard setback is to require a minimum <br />amount of space between buildings and the property line and to not have structures obstructing <br />the view between buildings. Although the window wells encroach into the side yard setback, it is <br />the staff’s opinion that the window wells are at grade and will not obstruct view, therefore would <br />meet the spirit and intent of the ordinance.