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Manning Variance – 4938 121st Street North <br />Page 2 <br /> <br /> <br /> 2 <br />discretion with a variance because the burden of proof is on the applicant to show that they meet <br />the standards in the ordinance. <br /> <br />4. ANALYSIS: <br /> <br />A. Surrounding Land Use and Zoning <br /> <br />The surrounding properties are zoned R-1 and are classified as Very Low Density (VLD) in the <br />2040 Land Use Plan. The surrounding properties range from one to ten acres in size and are <br />occupied by residential homes. <br /> <br />B. Natural Characteristics of the Site <br /> <br />The site has some slight sloping terrain with the highest portion of the property in the west- <br />center. The applicants are proposing to construct the house and garage at this portion of the <br />property. The property has some existing large trees and wooded areas that will provide <br />screening from adjacent properties and view of the road. <br /> <br />5. VARIANCE STANDARDS: <br /> <br />The Board must review the requested variances with the standards outlined in Section 90-38 of <br />the land use regulations. Staff used these standards to review the variance request and finds the <br />following: <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 />Attached garages are allowed in the R-1 zoning district, and are allowed to be 1,000 <br />square feet plus 25 percent of the amount by which the footprint of the house building <br />exceeds 1,000 square feet in size. In this case, with the house proposed to be 3,697 square <br />feet, the attached garage would be allowed to have a size of 1,678.75 square feet. There <br />are no accessory buildings currently on the property, but this property would be allowed <br />to have two accessory buildings with a maximum combined size of 1,500 square feet. <br /> <br />The applicant has stated that they do not have the desire to construct any accessory <br />buildings, and would not construct any accessory buildings in the future as a condition of <br />approval of the variance. The applicant is proposing to use the property in a reasonable <br />manner. <br />