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Hugo Estates Apartments and Manufactured Home Community Expansion Page 9 Staff used these standards to review the variance request and finds that it meets the standards as follows: (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; The applicant is requesting to construct a three-story apartment with a pitched roof The architecture of the building is consistent with the Multi-Family Design Guidelines (if the conditions are met in the resolution) and other townhomes developments in the City. The zoning district allows apartments with approval of a site plan and conditional use permit. The request is reasonable. The applicant is requesting to use the property in a reasonable manner. 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 7 acres. The zoning district allows apartment development up to 10 units per acre. The property is unique in that the location of the apartments is adjacent to industrial zoned property which allows a building height of 50 feet. The impact of the building being taller than what is allowed by ordinance is minimized because of the location of the building and its proximity to the industrial zoned property. c. Character o Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. The site is located between and industrial park, manufactured home community and, townhome development. The City Multi-Family Design Guidelines have specific design requirements for multi- family buildings. The applicant has a good start in meeting the intent of the design guidelines. The residential zoning districts adjacent to the property allows building to be 35 feet in height and the industrial zoned properties allow a building height of 50 feet If the variance is not granted, the building design would change significantly and would likely result in a compact pitch roof that would be architecturally unattractive. The apartment building is compatible the surrounding development, and will not alter the character of the area.