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Frenchman Place 5th Addition <br />Page 10 <br /> <br />c. Character of Neighborhood. The variance, if granted, will not alter the essential <br />character of the neighborhood. <br /> <br />The site is located between a shopping center, apartments, and townhomes. <br /> <br />The City Multi-Family Design Guidelines have specific design requirements for multi- <br />family buildings. The applicant has a good start in meeting the intent of the design <br />guidelines. The residential zoning districts adjacent to the property allows building to be <br />35 feet in height. Rosemary Apartments received approval of a similar variance request. <br />Allowing an additional 4 feet to improve the design will not change the essential <br />character of the neighborhood. <br /> <br />If the variance is not granted, the building design would change significantly and would <br />likely result in a compact pitch roof that would be architecturally unattractive. The <br />apartment building is compatible the surrounding development and will not alter the <br />character of the area. <br /> <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 />