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Osterman Variance – 12494 Goodview Ave N Page 2 2 The surrounding properties to the north, west, and south are zoned single-family (R-3) and are classified as Low Density Residential (LD) in the 2040 Land Use Plan. The surrounding properties to the east are zoned Rural Residential (RR) and are classified as Large Lot Residential (LL) in the 2040 Land Use Plan. The surrounding properties range from 10 to 80 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 203 feet from the front property line to the east, and roughly 53 feet from the side property line to the north, meeting all setback requirements. There is an existing line of trees and vegetation that provide adequate screening from the road and the view of the principal building on 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 a few unique features that limit the potential area for construction of an accessory building. There are approximately 6.66 acres of wetland in the rear of the property, reducing the amount of buildable area behind the front of the house. The remainder of the upland area to the northwest of the house has a downward slope, and construction of the building in this location would require significant grading, fill, and tree removal. The applicants’ septic system is located immediately in front of the house. The proposed location is relatively flat and requires a minimal amount of tree removal. The request is due to unique circumstances of the property. 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. While this property is located in the R-3 zoning district, it is surrounded by