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Smith Variance and Encroachment Agreement – 12033 Everton Avenue North Page 2 2 within the right-of-way until such time that approved improvements are made within the right- of-way. The fence is currently located in the applicants back yard, and extends into the right-of- way by a distance of roughly 30 feet. The Senior Engineering Technician has reviewed the location of the fence and is comfortable with the request. 3. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City’s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards in the ordinance. 4. ANALYSIS: A. Surrounding Land Use and Zoning The surrounding properties are zoned Large Lot Single Family Residential (R-1) and are classified as Very Low Density (VLD) in the 2040 Land Use Plan. The surrounding properties range from 0.25 to 1.36 acres in size and are occupied by single family homes. 5. VARIANCE STANDARDS: The Board must review the requested variances with the standards outlined in Section 90-38 of the land use regulations. Staff used these standards to review the variance request and finds the following: (1) Law. The variance as requested is permissible by law. The proposed variance is permissible by law. (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; Accessory buildings are allowed in the R-1 zoning district. Lots in the R-1 zoning district that are less than three acres in size are allowed two accessory buildings with a maximum combined size of 1,500 square feet. The applicant is requesting to construct a 1,200 square foot accessory building. There is an existing 197.64 square foot accessory building on site. The square footage of the proposed accessory building along with the existing accessory building will be below the maximum of 1,500 square feet. There are existing trees in the front yard of the property that would provide screening from Everton Avenue North. The request is a reasonable use.