Laserfiche WebLink
Frenchman Place 51 Addition <br /> Page 9 <br /> (1)Law. The variance as requested is permissible by law. <br /> The proposed variance is permissible by law. <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 /> a. Reasonable Use. The property owner proposes to use the property in a reasonable <br /> manner not permitted by the zoning ordinance and; <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 /> The applicant is requesting to use the property in a reasonable manner. <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 /> 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 /> 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. <br /> c. Character o Neighborhood. The variance, if granted, will not alter the essential <br /> character of the neighborhood. <br /> The site is located between a shopping center, apartments, and townhomes. <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 /> 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 />