09-06-23-PC Agenda - Laserfiche WebLink

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Page 7 of 8 Variance Findings: 1. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 2. The proposed garage addition would not alter the essential character of the neighborhood because the proposed design will fit with the neighborhood and will not encroach further into the existing garage’s corner side yard setback. 3. The variance request is not based on economic considerations alone. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. • Recommend Approval with Conditions: Motion to recommend approval of Planning Case 23-016 for a Variance at 1945 Edgewater Avenue, based on the findings of fact and the submitted plans, as amended by the conditions in the September 6, 2023, Report to the Planning Commission: 1. A Building Permit shall be issued prior to commencement of construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. • Recommend Approval as Submitted: Motion to recommend approval of Planning Case 23- 016 for a Variance at 1945 Edgewater Avenue, based on the findings of fact and the submitted materials in the September 6, 2023, Report to the Planning Commission. • Recommend Denial: Motion to recommend denial Planning Case 23-016 for a Variance at 1945 Edgewater Avenue, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table Planning Case 23-016 for a Variance at 1945 Edgewater Avenue: a specific reason and information request should be included with a motion to table. Notice Although a variance does not require a public hearing, a public meeting notice was prepared by the City and mailed to properties within 500 feet of the Subject Property on August 24, 2023. A public hearing notice for this planning case was published in the Pioneer Press on August 24, 2023. Minnesota statute does not clearly require a public hearing before a variance is granted or denied, however, after consulting with the City Attorney, staff agree that the best practice is to allow public forum on all variance requests. A public forum allows the city to establish a record and elicit facts to help determine if the application meets the practical difficulties factors. Staff has received one written comment in support of this proposal as of September 1, 2023. Deadline for Agency Actions