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Heinle Variance – 14320 Grantaire Lane North Page 4 4 (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. Window wells are permitted in the PUD zoning district. (5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood protection than required by this chapter. The variance shall be determined the minimum necessary, considering the flood hazard, to afford relief, and the variance shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. The property is not located within a FEMA designated floodplain. (6) Septic and Well Compliance. The sewage treatment system and water system of the subject property is in compliance with city and state codes. The property is served by municipal sewer and water. 7. CONCLUSION: It is in staff’s opinion that the applicant should be granted the variance request for the window wells that are constructed. A permit was issued for the new house. The property owner went through the proper steps to construct the house. Staff was in error when permitting the house. Considering the unusual circumstances that led to the construction of the window wells, a case can be made that there are now practical difficulties in meeting the ordinance because of the time and materials that the applicant has put into the house. 8. STAFF RECOMMENDATION: Staff recommends approval of the variance request. 9. BOARD RECOMMENDATION: The Board agreed that due to the unusual circumstances that led to the construction of the window wells, there are practical difficulties in meeting the ordinance standard. They unanimously recommended approval of the variance request to the City Council. ATTACHMENTS: 1. Location Map 2. Resolution 3. Survey 4. Applicant’s Narrative 5. 3 Letters Submitted