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Tennyson Variance Page 3 3 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 unique because it narrow and sits tightly between Sunset Lake and Ingersoll Avenue North. Between the home and the accessory building are the septic system lines and well that limit construction of a building in that location. Further, construction of a building on any portion of the site would require a variance. The strict enforcement of the ordinance would cause undue hardship because the property owner would not have a building area for an accessory building without the granting of variances. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. Several homes and accessory buildings in the area do not meet the shoreland setback requirements. The building is proposed to be in line with the other homes in the area. The proposed variance requests would not change the overall character of the area. It is in staff opinion that there are practical difficulties in meeting the shoreland setback requirements. If the applicant were to meet the shoreland setbacks, there would not be a building area for an accessory building. The proposed building area related to the proposed setbacks will fit in with the other homes and accessory buildings on the neighborhood. (3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policies of the City’s Comprehensive Plan. The spirit and intent of the shoreland setback requirement is to keep buildings a reasonable distance from the lakes. There is an accessory building already on the property and the applicant is simply requesting to reconstruct the accessory building. The variance requests would not change the overall character of the area, therefore, would meet the spirit and intent of the ordinance. (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. The construction of an accessory building is allowed in the RR zoning district. (5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood protection than required by this chapter. The variance shall be determined the minimum necessary, considering the flood hazard, to afford relief, and the variance shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. A portion of the property is located within a FEMA designated floodplain. The reconstructed accessory building will not be located in this area.