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Heinle Variance – 14320 Grantaire Lane North 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 a typical lot in the area. The house meets the setback requirements, but the window wells exceed the encroachment allowance by 1 foot 8 inches. If the encroachment was caught during the building permit phase the house could have been redesigned to meet the ordinance regulation. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. The window wells would not noticeably change the character of the area. A permit was issued for the new house. The property owner went through the proper steps to construct the house. Staff was in error when permitting the house. Considering the unusual circumstances that led to the construction of the window wells, a case can be made that there are now practical difficulties in meeting the ordinance because of the time and materials that the applicant has put into the house. (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 proposed window wells are relatively small and at grade, so as to not dominate the look of the house. The spirit and intent of the ordinance for a side yard setback is to require a minimum amount of space between buildings and the property line and to not have structures obstructing the view between buildings. Although the window wells encroach into the side yard setback, it is the staff’s opinion that the window wells are at grade and will not obstruct view, 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. Window wells are permitted in the PUD 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. The property is not located within a FEMA designated floodplain. (6) Septic and Well Compliance. The sewage treatment system and water system of the subject property is in compliance with city and state codes. The property is served by municipal sewer and water.