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Frenchman Place 5th Addition <br />Page 9 <br />The access to the site is proposed from Rosemary Way. <br /> <br />Building Setbacks <br /> <br />The R-5 zoning district requires a 25-foot front and rear yard setback and a 15-foot side yard <br />setback. The site plan complies with the setback requirements. <br /> <br />Building Height <br /> <br />The R-5 zoning district has a maximum building height of 35 feet. They are proposing the height <br />of the apartment building to be 39 feet tall, where 35 feet is required by ordinance, therefore a <br />variance is required. <br /> <br />Staff used these standards to review the variance request and finds that it meets the standards as <br />follows: <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 />The applicant is requesting to construct a three-story apartment with a pitched roof. The <br />architecture of the building is consistent with the Multi-Family Design Guidelines (if the <br />conditions are met in the resolution) and other townhomes developments in the City. The <br />zoning district allows apartments with approval of a site plan and conditional use permit. <br /> <br />The applicant is requesting to use the property in a reasonable manner. <br /> <br />b. Unique Circumstances. The plight of property owner is due to circumstances unique to <br />the property not created by the landowner and; <br /> <br />The property is approximately 13 acres, with 8.9 buildable. The zoning district allows <br />apartment development up to 10 units per buildable acre. The property is unique in that <br />the location of the apartments is adjacent to commercially zoned property which allows a <br />building height of 35 feet. The impact of the building being taller than what is allowed by <br />ordinance is minimized because of the location of the building and its proximity to the <br />commercial zoned property. <br /> <br />There are three easements on the site that bisect the property as well as wetlands. These <br />property constraints are unique in that there is a limited amount contiguous property to <br />develop to meet the allowed density of 10 units per acre. A three-story building compacts <br />the foot print to allow the density.