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09-09-2020 PC
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09-09-2020 PC
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4. The Council may impose conditions in the granting of variances to insure <br />compliance and protect adjacent properties. <br />C. Other criteria or conditions often associated with variances. <br />I. Previous cases of a similar nature, which have been reviewed by the City, <br />whether the action taken was for approval or denial; <br />2, The variance should not be greater than necessary to accomplish the <br />landowner's objective; <br />3. Existence of alternative locations, development concepts or space <br />requirements which require consideration; <br />4. The variance would allow a condition that is consistent with the <br />surrounding development (was an area developed under standards <br />different than current regulations would allow or in an era that had <br />different requirements). The State Statutes state in Chapter 462.357, <br />Subpart 6, (2), the variance, if granted, will not alter the essential character <br />of the locality (neighborhood); <br />5. Conforming to the literal provisions would result in an "undue hardship" <br />such that the property could not be put to a "reasonable" use and <br />economic considerations alone shall not constitute an undue hardship"; <br />6. The variance would improve an existing non-conforming condition and <br />ordinance compliance without major demolition and reconstruction would <br />be impossible; and; <br />7. The variance will not impair an adequate supply of light and air to <br />adjacent property, or substantially increase the congestion of the public <br />streets, or increase the danger of fire, or endanger the public safety, or <br />substantially diminish or impair property values within the neighborhood. <br />Action to approve or deny a request for a variance should contain specific reference to <br />any of the above requirements or criteria that apply. <br />Findinl!s - side vard accessory structure setback variance (detached l!aral!e). Staff <br />concludes that the following factors relate to the requested variance: <br />1. Configuration of a particular parcel: The parcel is not deficient in width however <br />due to the pie shape the width of the parcel at the rear of the house and garage is <br />only approximately 75 feet. The Zoning Ordinance requires properties in the R-I <br />Zoning District to have a minimum width of95 feet at the front setback line. <br />2. Condition not created by the landowner: The pie shape of the subject property <br />was not created by the applicant. <br />3. Reasonable development: Other properties in the immediate area have been <br />granted side yard setback variances which were in the range of what the applicant
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