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Osterman Variance – 12494 Goodview Ave N Page 3 3 The proposed location is relatively flat and requires a minimal amount of tree removal. The request is due to unique circumstances of the property. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. The accessory building ordinance discourages having accessory buildings located in front of the house. While this property is located in the R-3 zoning district, it is surrounded by large lot parcels with accessory buildings, including some lots with accessory buildings placed in front of the house. The proposed location of the building is screened by existing trees both from the adjacent property to the north and the street, which does not create a visual disruption relative to the rest of the neighborhood. The requested variance will not alter the essential character of the neighborhood. It is in staff’s opinion that the proposed accessory building has practical difficulties in meeting the ordinance standard. (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 accessory building ordinance is to not have the accessory building dominate the look of the front of the house. However, the existing dense lines of trees provide adequate screening of the building from the road and property line. Additionally, the proposed location of the building is offset from the front of the house so as not to dominate the look of the property from the road. It is in staff’s opinion that the requested variance is keeping with the spirit and intent of the accessory building ordinance. (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. Accessory buildings are permitted in the R-3 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 property is not located within a FEMA designated floodplain. (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 by a well and septic system. 6. CONCLUSION: