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47 surfaces that may have much broader applicability than just single-family properties and so may <br />43 take considerable time to complete. City staff is comfortable that the proposed improvements are <br />49 consistent with the likely zoning amendment, and is supportive of the variance to avoid <br />50 penalizing the applicant for the time it takes the City to implement the contemplated amendment. <br />51 VARIANCE ANALYSIS <br />52 REVIEW OF VARIANCE APPROVAL REQUIREMENTS: Section 1009.040 of the City Code establishes <br />53 a mandate that the Variance Board make five specific findings about a variance request as a <br />54 prerequisite for approving the variance. Planning Division staff has reviewed the application and <br />55 offers the following draft findings. <br />56 a. The proposal is consistent with the Comprehensive Plan. Planning Division staff believes <br />57 that the proposal is generally consistent with the Comprehensive Plan because the <br />53 residential improvements conform to the size and scale of what is promoted by the <br />59 Comprehensive Plan's goals and policies for residential areas. <br />60 b. The proposal is in harmony with the purposes and intent of the zoning ordinances. <br />61 Planning Division staff believes that the proposal is consistent with the intent of the <br />62 zoning ordinances because while the new improvements will involve more "building <br />63 footprints and paved surfaces" than the code text strictly allows, the zoning ordinance's <br />64 intent is to regulate impervious coverage and the proposed impervious coverage is within <br />65 the regulatory limit. <br />66 C. The proposal puts the subject property to use in a reasonable manner. Planning Division <br />67 staff believes that the proposal makes reasonable use of the subject property because the <br />63 improvements would appear and function like a typical residential property while the <br />69 proper installation and maintenance of a pervious paving system will mitigate excess <br />70 storm water impacts. <br />71 d. There are unique circumstances to the property which were not created by the <br />72 landowner. Planning Division staff believes that the unique circumstances that justify the <br />73 approval of the requested variance in this case are twofold; first, the parcel has <br />74 substandard area, which has the effect of the proposed improvements occupying a larger <br />75 percentage of the property than if the improvements were situated on a parcel of <br />76 conforming area Second, the proposal is consistent with code requirements likely to be <br />77 adopted in the future, but staff is uncertain about when the necessary zoning amendment <br />73 might be ready to present to the Planning Commission for a public hearing and a <br />79 recommendation for City Council action. <br />so e. The variance, ifgranted, will not alter the essential character of the locality. Although <br />81 the proposed residence is larger than the historically small homes in this area, many of <br />82 these older homes were originally built as cabins, and the scale of the proposed <br />83 development is consistent with that of the newer homes that are being built to replace the <br />84 older structures. For this reason, the variance, if approved, would not negatively alter the <br />85 character of the surrounding residential neighborhood. <br />86 Section 1009.04 (Variances) of the City Code explains that the purpose of a variance is "to <br />87 permit adjustment to the zoning regulations where there are practical difficulties applying to a <br />ss parcel of land or building that prevent the property from being used to the extent intended by the <br />89 zoning." The proposal appears to compare favorably with all of the above requirements essential <br />90 for approving variances. Moreover, the proposed improvements would likely be permitted by the <br />PF14-030 RVBA 120314 <br />Page 3 of 5 <br />