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Heinle Variance – 14320 Grantaire Lane North <br />Page 2 <br /> <br /> <br /> 2 <br />was brought to staffs attention and staff required the applicant to apply for a variance to allow <br />the additional encroachment of 1 foot 8 inches. <br /> <br />3. LEVEL OF CITY DISCRETION IN DECISION-MAKING: <br /> <br />The City’s discretion in approving or denying a variance is limited to whether or not the <br />proposed project meets the standards in the Zoning Ordinance for a variance. The City has a <br />higher level of discretion with a variance because the burden of proof is on the applicant to show <br />that they meet the standards in the ordinance. <br /> <br />4. ANALYSIS: <br /> <br />A. Surrounding Land Use and Zoning <br /> <br />The surrounding properties are zoned Planned Unit Development (PUD) in the Victor Gardens <br />neighborhood. <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 requested variance is from the dimensional standards of the ordinance and is permissible by <br />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 />Window wells are allowed to encroach 2 feet into the required setback. For example, if <br />there is a 5 foot side yard setback a window well can encroach 2 feet into the required <br />setback. <br /> <br />Building code requires window wells to be at least 3 feet for safe exits in case of an <br />emergency. Because of the building code requirement, and the walls of the window wells, <br />the applicant is requesting the window wells to encroach 3 feet 8 inches into the required <br />side yard setbacks. <br /> <br />The applicant is proposing to use the property in a reasonable manner. <br /> <br />