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05-05-21 Planning Commission
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05-05-21 Planning Commission
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<br /> <br />Page 3 of 6 <br />feet. The current structure is located approximately twenty (20) feet from the side yard property <br />line. The Subject Property is a legal non-conforming lot, as the required side yard setback for <br />corner lots was ten (10) feet when the property was built in 1953. <br /> <br />The proposed garage addition would be setback 7.82 feet from the Northwest side yard property <br />line. According to the applicant’s application, the proposed addition would be setback <br />approximately twenty-seven (27) feet from the existing curb line. The proposed garage addition <br />would conform to front and rear setback requirements. <br /> <br />According to the Applicant, this request for a decreased side yard setback minimum would have <br />no impact on the neighborhood character because the existing neighborhood includes a number of <br />garage additions and has a variety of different garage and housing styles. In their application, they <br />cite the challenges of building the proposed garage addition on a non-traditionally shaped lot as a <br />practical difficulty and argue that the decreased side yard setback will be used in a reasonable <br />manner consistent with the purposed and intent of the City Code. <br /> <br />2. Variance Review <br /> <br />The role of the Planning Commission is to determine and consider how the facts presented to them <br />compare with the city’s articulated standards. The Commission should base their decision on the <br />facts presented and then apply those facts to the legal standards contained in city ordinances and <br />relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a <br />variance request. While the Planning Commission may feel their decision should reflect the overall <br />will of the residents, the task in considering a variance request is limited to evaluating how the <br />variance application meets the statutory practical difficulties factors. Residents can often provide <br />important facts that may help in addressing these factors, however, unsubstantiated opinions and <br />reactions to a request do not form a legitimate basis for a variance decision. <br /> <br />The Planning Commission may impose conditions when granting variances as long as the <br />conditions are directly related and bear a rough proportionality to the impact created by the <br />variance. For instance, if a variance is granted to exceed the front setback limit, any conditions <br />attached should presumably relate to mitigating the effect of the encroachment. <br /> <br />3. Variance Requirements – Section 1355.04, Subd. 4 <br /> <br />The Applicant requests a variance to construct a third stall addition to the side of their existing <br />garage that would impede on the require side yard setback on a corner lot in the R-1 Residential <br />District. The Planning Commission will need to make a determination utilizing the following <br />variance findings and criteria on whether there are practical difficulties with complying with the <br />zoning regulations. If the applicant does not meet all the factors of the statutory test, then a variance <br />should not be granted. Variances are only permitted when they are in harmony with the general <br />purposes and intent of the ordinance. <br /> <br />1. Purpose and Intent. The variance request shall comply with the purpose and intent of the <br />provisions of the City’s Zoning Regulations and with the policies of the City’s Comprehensive <br />Plan. <br />
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