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Premier Bank – Site Plan, Zoning Amendment, CUP, and Variances 8 b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The property has few practical options for the location of an access point. Due to the Washington County Regional Rail Authority’s (Hardwood Creek Trail) owned right-of-way between the property and Highway 61, there is not an option for an access point onto the state highway. Traffic engineering concerns arise when the access point is located on 147th Street North, a city commercial collector street, due to its proximity to Highwa y 61 and conflicts with the turn lanes. Additionally, an access point located on 147th Street N would require a change of the site and building orientation such that the drive-through and speaker would be facing toward the existing residential property. It is in staff’s opinion that the request for the variance is due to unique circumstances not created by the landowner c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. The neighborhood is zoned as Future Central Business (FCB) meaning that non- commercial uses are allowed, however it is anticipated that the properties within the district will eventually be developed as commercial businesses and rezoned to C-1. A drive-through business with its access point onto Flay Avenue North would be within the character of an eventual central business district. The other corners of Highway 61 and 147th Street are occupied by commercial uses. It is in staff’s opinion that the proposed access point location will not alter the essential character of the neighborhood. It is in staff’s opinion that there are practical difficulties in meeting the ordinance standards. (3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policies of the City’s Comprehensive Plan. The spirit and intent of the ordinance is to ensure that drive-through businesses that generate respective vehicle traffic are not placing the burden of such traffic onto public streets that are not equipped to handle a high volume of vehicles. Although Flay Avenue North currently functions as a residential street, the neighborhood being guided for central business district zoning means that there will likely be other commercial uses access points on Flay Avenue in the future. This area is expected to be developed with commercial uses consistent with the downtown plan. It is in staff’s opinion that the location of the access point meets the spirit and intent of the code and compreh ensive plan. (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. The use is allowed in the C-1 zoning district.