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Hanson Minor Subdivision and Variance – 14565 Irish Avenue 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 />Residential lots that are 10 acres in size and have a minimum depth of 480 feet are <br />permitted in the Agricultural zoning district. The variance request is due to the property’s <br />unique shape, as well as existing buildings on the lot that would not meet setback <br />requirements from a property line that evenly splits the lot. A lot with a width of 226 feet <br />will not look noticeably different than a lot that meets the lot width requirement. The <br />applicant is 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 20-acre lot with a lot width of 554 feet, which is less <br />than the typical 600 feet, and a lot depth that is greater than what would typically be seen <br />for a 20 acre lot that is split into two 10 acre lots. The existing buildings on the property <br />cause the property line to shift further south to accommodate the minimum setback <br />requirements for these buildings. The proposed lots would be 226 and 328 feet wide at <br />the front setback line. Due to the lot’s greater depth, the created parcels would maintain <br />the minimum lot size of 10 acres. <br /> <br />It is in staff’s opinion that the need for a variance is due to the existing dimensions of the <br />site and not due to circumstances created by the landowner. <br /> <br />c. Character of Neighborhood. The variance, if granted, will not alter the essential <br />character of the neighborhood. <br /> <br />Lots of 10 acres in size are common in the AG zoning district. The minimum lot width of <br />300 feet is to maintain a character of large lots with a greater distance between homes <br />than in an urban single-family residential district. A lot width of 226 feet at the front <br />setback line will not noticeable change the character of the area. <br /> <br />It is in staff’s opinion that there are practical difficulties in meeting the lot width requirements <br />for the AG zoning district. <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 spirit and intent of the ordinance for a minimum lot width is to create large lots with a greater <br />distance between buildings. It is in staff’s opinion that there would be a reasonable amount of <br />distance between a proposed home on the site and neighboring homes, and that the lot will not be <br />noticeably narrower from the view of the road. The variance as requested meets the spirit and <br />intent of the ordinance.