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9. The applicant has established that there are practical difficulties in complying , <br /> with the code. The existing asphalt does not allow sufficient parlang area to <br /> display numerous luxury boats for sale. Gravel display areas are not conducive to <br /> the overall appearance or the cleanliness required for the proposed use. <br /> �o.The property owner proposes to use the property in a reasonable manner. � <br /> ii. The deviation from the Code will still be in harmony with the general purposes <br /> and intent of the City Code and Comprehensive Plan. The applicant will be <br /> required to retain additional stormwater runoff generated by the increased <br /> impervious surface coverage onsite. , <br /> 12. The variance will not create a land use not permitted in the Commercial zone. �I <br /> The proposed commercial use of the property is allowed with a conditional use � <br /> permit(Conditional Use Permit #i9-�o). � <br /> 13.The subject property is surrounded by Commercial development to the north and � <br /> west. The subject property is bounded on the east and south by State Highway � <br /> 37�. The variance will not alter the essential character of the locality of the ; <br /> subject property. I <br /> i4.The variance has not been made based on economic considerations. ' <br /> On the request to construct a flag pole exceeding the maximum building height: ' <br /> i5. The applicant proposes to place an 8o-foot flag pole in the southeast corner of <br /> subject property. The maximum height for structures in the Commercial Zone is <br /> 25 feet. <br /> i6.The applicant intends to fly a 30'X 40'American flag on the proposed flag pole. <br /> i�. The applicant has not established there are practical difficulties in complying <br /> with the maximum height ordinance. A flag pole meeting the requirements of <br /> the ordinance may be constructed in multiple locations on the subject property <br /> which would be visible to patrons of the proposed commercial business and the <br /> adjacent public right-of-way. <br /> i8.The property owner does not propose to use the property in a reasonable manner. , <br /> An 8o ft high flag pole is not reasonable given it is over three times the maximum <br /> height allowed in the Commercial Zone. <br /> ig.The"plight of the landowner" (not being able to construct an 8o ft tall flag pole <br /> under current ordinance) is not due to circumstances unique to the property not <br /> created by the landowner.The subject property is relatively level.The height and <br /> location of existing structures on the subject property and adjacent properties do <br /> not create a visibility issue for a 25'high flag pole. The subject property does not <br /> have any unique circumstances or features which would justify an 8o ft tall flag <br /> pole. <br /> 2o.The deviation from the Ordinance with any attached conditions will not be in <br /> harmony with the general purposes and intent of the Ordinance and the <br /> Comprehensive Plan. <br /> 2i. Flag poles are an allowed use in the Commercial Zone.The variance will not <br /> create a land use that is not allowed. <br /> 22.The variance request would alter the essential character of the locality. The <br /> exceedingly tall flag pole (and flag)would be visible from great distances. No <br /> other commercial or residential properties in the city have flag poles remotely <br /> close in height to the proposed flag pole. <br />