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Watkins Variance – 13345 Homestead Avenue North Page 2 2 Residential (LL) in the 2040 Land Use Plan. The surrounding properties range from 2 to 44 acres in size and are occupied by residential homes and agricultural uses. 4. 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; Accessory buildings are allowed in the R-3 zoning district. The proposed location would be set back approximately 65 feet from the east property line, and roughly 110 feet from the north property line, meeting all setback requirements. There is an existing line of trees and vegetation that provide adequate screening from the road and the neighboring property to the north. The proposed variance is a reasonable use. b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The property has several unique factors that constrain the buildable area for an accessory building. The property’s well and septic system are located to the south of the home. The property slopes downward to the west of the home and is covered by trees. The applicant would need to remove a large number of existing trees and fill in land to build on top of the sloping terrain to the west. The plight of the property owner is due to unique circumstances. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. The accessory building ordinance discourages having accessory buildings located in front of the house. The proposed location of the building is well screened by existing trees both from the adjacent property to the north and the street, which does not create a visual disruption relative to the rest of the neighborhood. The requested variance will not alter the essential character of the neighborhood. It is in staff’s opinion that the proposed accessory building has practical difficulties in meeting the ordinance standard.