1. The variance shall be applicable to the properties legally identified as Lot 6 and Lot 7 Block 2, Valley Oaks Estates.

MJ Investment, LLC, the property owner of 13715 and 13710 Grafton Ct. has requested consideration of a 10' front setback variance to construct a single family home on each lot. City code requires a 30' front setback in the "R-3" (Single Family Residential) zone. This request is consistent with past variances granted for other properties in this development including all of the homes on Gotham Ct, homes on Gossamer Way, and an adjacent property on Grafton Ct. The City has granted these variances due to steep slopes, easement restrictions, and the desire to retain old growth trees which are plentiful on these lots.

Staff is recommending approval of the variance due to the following practical difficulties.

1. The lots have larger than average rear easements which restrict the home and any future additions or decks.
2. There are large trees on both lots that the City would prefer to be retained. Without a variance these trees would be within a standard size house building pad.
3. Lot 6, Block 2, Valley Oaks Estates is irregularly shaped, restricting the building pad on the lot significantly. The easement is also irregularly shaped, further restricting the building pad and the rear yard of a house.
4. Lot 7, Block 2 is a heavily wooded lot with many large trees which are significant species. The City has expressed interest in retaining as many significant trees as possible during development. A variance would allow for up to 10 additional significant trees to be retained.

The Staff reviews variance applications based strictly upon the requirements of the state statutes and the City Code which require that the applicant establish that there are practical difficulties present in order for a variance to be granted, and that logical alternatives are not available.

Definition of “Practical difficulties”:

• The applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of the code;
• The plight of the applicant is due to circumstances unique to the property not created by the applicant; and
• The variance, if granted, will not alter the essential character of the locality.
• Economic considerations alone do not constitute practical difficulties.

In order to grant a variance, the City considers the following factors to determine whether the applicant established that there are practical difficulties in complying with the provision(s) of this Chapter:

1. Special conditions apply to the structure or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located;
   These properties are unique due to conservation and drainage/utility easements which cover large portions of the rear yard, limiting the building pad significantly. The properties also have a large number of significant trees as defined by City code. A variance would allow for the retention of a greater number of trees. The properties also back up to Cedar Ave, a high traffic volume road. Due to their proximity to the roadway the retention of significant trees is even more impactful for screening and noise attenuation from Cedar Ave.   
2. The granting of the proposed variance will not be contrary to the intent of this chapter;
   The granting of this variance will not be contrary to the intent of this chapter. The property owner intends to use the properties in a reasonable manner which is not permitted by the zoning code.
3. The special conditions or circumstances do not result from the actions of the owner/applicant; and
   The conditions of this lot were not created by the property owner and existed prior to their ownership. No part of the request involves economic considerations and the variance, if granted will not alter the essential character of the surrounding neighborhood.
4. The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the zoning provisions of this Code; and
   The properties are irregular in shape and in the size/area of the easements. A 10’ variance has previously been granted for lots on this cul-de-sac and in this development which will maintain consistency. A 10' front variance alleviates the practical difficulties that exist on the lots.
5. The variance requested is the minimum variance necessary to alleviate the practical difficulty.
   The variance requested is the minimum necessary to maintain the consistency between the other homes in this cul-de-sac which have been granted the 10’ variance.