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Hugo Estates Apartments and Manufactured Home Community Expansion Page 10 It is in staff s opinion that the applicant has practical difficulties in meeting the zoning requirement. (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 allow a certain building height without adversely impacting the character of established areas and ensuring the building is consistent with the surrounding development. The height of the building will not adversely impact the character of the area and will be consistent with the surrounding development. The granting of the variance will keep with 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. An apartment is allowed in the Medium Density Multiple Family Residential (R-5) district with approval of a conditional use permit. The applicant has applied for a conditional use permit. (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 property is not located within a floodplain designated by FEMA. (6) Septic and Well Compliance. The sewage treatment system and water system of the subject property is in compliance with city and state codes. The property is served with municipal sewer and water. It's in staffs opinion that the applicant has met the criteria to approve the variance request. Building Coverage and Lot Coverage The R-5 zoning district limits maximum lot area to be covered by a building to 40% and maximum lot area to be covered by impervious surface to 70%. The site plan complies with the coverage requirements. Parking The developer is proposing to satisfy the parking requirements with a combination of ground and garage parking. According to the Section 90-253 PARKING of the City Code, based on the use and the size of the building the total number of parking spaces required is 119. The developer is proposing 122 parking spaces, which meets the ordinance standards. The developer is proposing parking on the east side of the building. The vehicle circulation within the parking lot works well. The developer meets the ordinance standards.