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Frenchman Place 5th Addition Page 9 (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; The applicant is requesting to construct a three-story apartment with a pitched roof. The architecture of the building is consistent with the Multi-Family Design Guidelines (if the conditions are met in the resolution) and other townhomes developments in the City. The zoning district allows apartments with approval of a site plan and conditional use permit. The applicant is requesting to use the property in a reasonable manner. b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The property is approximately 13 acres, with 8.9 buildable. The zoning district allows apartment development up to 10 units per buildable acre. The property is unique in that the location of the apartments is adjacent to commercially zoned property which allows a building height of 35 feet. The impact of the building being taller than what is allowed by ordinance is minimized because of the location of the building and its proximity to the commercial zoned property. There are three easements on the site that bisect the property as well as wetlands. These property constraints are unique in that there is a limited amount contiguous property to develop to meet the allowed density of 10 units per acre. A three story building compacts the foot print to allow the density. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. The site is located between a shopping center, apartments, and townhomes. The City Multi-Family Design Guidelines have specific design requirements for multi- family buildings. The applicant has a good start in meeting the intent of the design guidelines. The residential zoning districts adjacent to the property allows building to be 35 feet in height. Rosemary Apartments received approval of a similar variance request. Allowing an additional 4 feet to improve the design will not change the essential character of the neighborhood. If the variance is not granted, the building design would change significantly and would likely result in a compact pitch roof that would be architecturally unattractive. The