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Stodola Variance – 12757 Homestead Drive North Page 2 2 3. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City’s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards in the ordinance. 4. ANALYSIS: A. Surrounding Land Use and Zoning The surrounding properties to the north, west, and south are zoned Rural Residential (RR) and are designated as Large Lot Residential (LL) in the 2040 Land Use Plan. The surrounding properties range from 1-3 acres in size and are occupied by single-family homes. B. Natural Characteristics of the Site The property has some sloping terrain with a steep slope in the rear going towards Sunset Lake. The property is located within the shoreland overlay district and is subject to the shoreland rules under Section 90-137 of City Code. There are no known wetlands on the site. 5. VARIANCE STANDARDS: The Board must review the requested variances with the standards outlined in Section 90-38 of the land use regulations. Staff used these standards to review the variance request and finds the following: (1) Law. The variance as requested is permissible by law. The proposed variance is permissible by law. (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; Decks are allowed in the RR zoning district. The proposed deck would be constructed in- line with the existing house. There is an existing line of trees and vegetation that provide adequate screening from the view from the neighboring property to the south. The proposed deck meets all other building requirements outlined in city code. The proposed variance is a reasonable use.