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Premier Bank – Site Plan, Zoning Amendment, CUP, and Variances 10 b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The property is constrained by major arterial streets on the south and east side, as well as an existing single-family home to the north, leaving few options for access and building orientation to meet other areas of the City Code. In order to meet the 180’ of vehicle stacking required by ordinance, the applicant would need to reorient the building placement so the drive-through is to the north adjacent to the existing single family home to the north. It is in staff’s opinion that the drive- through lane oriented to the east towards Highway 61 is the best location on the site for the service window. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. Allowing for a reduction of vehicle stacking would not alter the essential character of the neighborhood more significantly than if the drive-through lane was constructed with 180’ of stacking per ordinance. 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. It is the spirit and intent of the ordinance to ensure that vehicles queuing for a drive- through business are given ample space to do so without overflowing into other traffic areas such as public streets. If the stacking goes beyond the 115 feet and 4 inches it will be within the parking lot on the site and will not go into a public street and there is a bypass lane for vehicle circulation. It is in staff’s opinion that the variance requested meets the spirit and intent of the ordinance. (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. (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 project is not located within the FEMA floodplain overlay district. The project is not expected to increase flood levels in the area.