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Manning Variance – 4938 121st Street 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 unique in that it is surrounded by other parcels on nearly all sides, with a long driveway connecting the property to 121st Street North, creating a large buffer between the property and the view of any nearby road. The house is proposed to be constructed in the west-central portion of the property – the highest location on the property. There are several wooded areas on the property creating a visual buffer from neighboring properties. The applicant has stated that constructing a larger attached garage would be preferred to constructing accessory buildings with associated driveways, which would produce a more substantial impact to neighboring properties with buildings being closer to them, and would require additional tree removal and driveway construction. It is in staff’s opinion there are unique circumstances because of the location of trees and the unique position of the property and house location. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. Attached garages are common in the R-1 zoning district. The applicants are proposing to construct a larger attached garage with a car port, rather than construct a number of accessory buildings with associated driveways. The property is separated from view of the road by another property to the south, and the garage will be screened by the existing tree cover. The applicant has agreed to not construct any accessory buildings as a condition of approval for the variance request. It is in staff’s opinion that the requested variance will not significantly alter the essential character of the neighborhood. It is in staff’s opinion that there are practical difficulties in meeting the size requirements for an attached garage (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 attached garage ordinance is to not have the attached garage dominate the look of the front of the house. The proposed attached garage will be screened from view of adjacent properties by existing trees, and the view from the road is buffered by the property to the south. The applicant has agreed to not construct any accessory buildings as a condition of approval for the variance request. It is the staff’s opinion that the requested variance would not make the attached garage and car port dominate the exterior of the house, and that precluding accessory buildings on the property would create less of a visual impact than an attached garage. The requested variance is keeping with the spirit and intent of the ordinance.