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Hugo Estates Apartments and Manufactured Home Community Expansion <br />Page 10 <br />It is in staff’s opinion that the applicant has practical difficulties in meeting the zoning <br />requirement. <br /> <br />(3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent <br />of this chapter and with the policies of the City’s Comprehensive Plan. <br /> <br />The spirit and intent of the ordinance is to allow a certain building height without adversely <br />impacting the character of established areas and ensuring the building is consistent with the <br />surrounding development. The height of the building will not adversely impact the character of <br />the area and will be consistent with the surrounding development. The granting of the variance <br />will keep with the spirit and intent of the ordinance. <br />(4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use <br />prohibited in the district. <br />An apartment is allowed in the Medium Density Multiple Family Residential (R-5) district with <br />approval of a conditional use permit. The applicant has applied for a conditional use permit. <br />(5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood <br />protection than required by this chapter. The variance shall be determined the minimum <br />necessary, considering the flood hazard, to afford relief, and the variance shall not be issued <br />within any designated regulatory floodway if any increase in flood levels during the base flood <br />discharge would result. <br />The property is not located within a floodplain designated by FEMA. <br />(6) Septic and Well Compliance. The sewage treatment system and water system of the subject <br />property is in compliance with city and state codes. <br /> <br />The property is served with municipal sewer and water. <br /> <br />It’s in staff’s opinion that the applicant has met the criteria to approve the variance request. <br /> <br />Building Coverage and Lot Coverage <br /> <br />The R-5 zoning district limits maximum lot area to be covered by a building to 40% and <br />maximum lot area to be covered by impervious surface to 70%. The site plan complies with the <br />coverage requirements. <br /> <br />Parking <br /> <br />The developer is proposing to satisfy the parking requirements with a combination of ground and <br />garage parking. <br /> <br />According to the Section 90-253 PARKING of the City Code, based on the use and the size of <br />the building the total number of parking spaces required is 119. The developer is proposing 122 <br />parking spaces, which meets the ordinance standards. The developer is proposing parking on the <br />east side of the building. The vehicle circulation within the parking lot works well. The <br />developer meets the ordinance standards.