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Osterman Variance – 12494 Goodview Ave N <br />Page 2 <br /> <br /> <br /> 2 <br />higher level of discretion with a variance because the burden of proof is on the applicant to show <br />that they meet the standards in the ordinance. <br /> <br />4. ANALYSIS: <br /> <br />A. Surrounding Land Use and Zoning <br /> <br />The surrounding properties to the north, west, and south are zoned single-family (R-3) and are <br />classified as Low Density Residential (LD) in the 2040 Land Use Plan. The surrounding <br />properties to the east are zoned Rural Residential (RR) and are classified as Large Lot <br />Residential (LL) in the 2040 Land Use Plan. The surrounding properties range from 10 to 80 <br />acres in size and are occupied by residential homes and agricultural uses. <br /> <br />5. VARIANCE STANDARDS: <br /> <br />The Board must review the requested variances with the standards outlined in Section 90-38 of <br />the land use regulations. Staff used these standards to review the variance request and finds the <br />following: <br /> <br />(1) Law. The variance as requested is permissible by law. <br /> <br />The proposed variance is permissible by law. <br /> <br />(2) Practical Difficulties. The applicant for a variance shall establish that there are practical <br />difficulties in complying with the provisions of the zoning regulations. The term “Practical <br />Difficulties” as used in the granting of a variance means: <br /> <br />a. Reasonable Use. The property owner proposes to use the property in a reasonable <br />manner not permitted by the zoning ordinance and; <br /> <br />Accessory buildings are allowed in the R-3 zoning district. The proposed location would <br />be set back approximately 203 feet from the front property line to the east, and roughly <br />53 feet from the side property line to the north, meeting all setback requirements. There is <br />an existing line of trees and vegetation that provide adequate screening from the road and <br />the view of the principal building on the neighboring property to the north. The proposed <br />variance is a reasonable use. <br /> <br />b. Unique Circumstances. The plight of property owner is due to circumstances unique <br />to the property not created by the landowner and; <br /> <br />The property has a few unique features that limit the potential area for construction of an <br />accessory building. There are approximately 6.66 acres of wetland in the rear of the <br />property, reducing the amount of buildable area behind the front of the house. The <br />remainder of the upland area to the northwest of the house has a downward slope, and <br />construction of the building in this location would require significant grading, fill, and <br />tree removal. The applicants’ septic system is located immediately in front of the house.