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CC 01-08-2001
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CC 01-08-2001
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<br />ARDEN HILLS CITY COUNCIL - JANUARY 8, 2001 <br /> <br />4 <br /> <br />. <br /> <br />. <br /> <br />plan forecast any future changes to this area. The location of the home, terrain or <br />shape of the property was no different than its neighboring properties. Therefore, this <br />request did not possess any unique circumstances. <br /> <br />2. <br /> <br />Whether granting the variance would be in keeping with the spirit and intent of the <br />City's Zoning Code. Ms. Chaput explained the zoning ordinance was to".. . fix <br />reasonable standards to which building, structures and land shall conform for the <br />benefit of all". The zoning ordinance also stated that a variance should only be <br />granted if the configuration of the property prohibits reasonable development that <br />may be permitted on a similar sized lot within the same district. This lot was no <br />different from other lots in the district. There was no physical feature of this property <br />that was prohibiting development so that it needed to occur within the setbacks. Any <br />reasonable development that could be constructed on any lot in the district could also <br />be duplicated on this lot according to the standards that have been set. Therefore, <br />granting a variance for this application would not meet the spirit and intent of the <br />zoning ordinance. <br /> <br />3. <br /> <br />Whether the property in question can be put to a reasonable use without granting a <br />variance. Ms. Chaput explained a single family home was currently constructed on <br />the property. Therefore, the property in question had already been put to reasonable <br />use. The applicant was proposing to add on to the front of his because of the interior <br />layout and location ofthe kitchen. However, it was possible to reconfigure the <br />addition in some manner to avoid requiring a variance from the Ordinance. It could <br />not be said that without this variance, the property could not be put to a reasonable <br />use. <br /> <br />4. Whether the hardship was created by the property owner. Ms. Chaput stated although <br />the shape of the lot and position ofthe house was not the fault of the current owner, <br />the owner was proposing the addition within the setback area, creating the need for <br />the variance. This could be avoided by reconfiguring the addition so that it was not <br />within the required setback area. The need for this variance was being created by the <br />property owner. <br /> <br />5. Whether granting the variance would alter the essential character of the <br />neighborhood. Ms. Chaput stated the current structure was situated at 35.5 feet from <br />the front yard line. Therefore, to expand the home by four feet to match this setback <br />would not significantly alter the character of the neighborhood. However, it should <br />be noted that the structure was currently nonconforming by building placement and, <br />by Ordinance, nonconforming structures should not be expanded. If this was not the <br />intent of the City, then the Ordinance should be amended. <br /> <br />Ms. Chaput stated staff recommended denial of this variance for the following reasons: <br /> <br />. <br /> <br />1. <br /> <br />The circumstances of the request were not unique to this property in the Glen Paul <br />Avenue area or the R-2 zoning district; <br />
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