CCP 07-29-2002 - Laserfiche WebLink

Home Browse Search

. Memo to Planning Commission Plauning Case #02-17 Page20f4 Zonino: R-1 Single Family Residential Size: 13,982 square feet Topography: Relatively Flat Variance Criteria Due to a fire, the applicant is seeking to replace their garage. They are also seeking to expand the existing structure from a two car garage to a three car garage. The expansion necessitates a variance. The R-1 Zoning District allows for a 10' side yard setback for principle structures. The applicant is proposing to replace/expand their attached garage approximately 6 feet from the property line. See the attached letter from the applicant outlining the need for a variance. Please note that a survey/site layout illustrating the garage addition has not been included for your review. This is primarily due to the short time available due to the fire. However, staff has validated the location of the existing garage utilizing a previous survey of the property. A. State Requirements . Minnesota State Statue in Chapter 462.357, Subdivision 6, (2), defines "undue hardship" as: "... means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use of the property exists under the terms of the ordinance...." B. City Requirements Section VIII, D, 4, c and d, of the City's Zoning Ordinance state that, "Adherence to the provisions of this ordinance is required, except for special cases which arise because of the configuration of a particular parcel. The condition shall not have been created by the landowner. A variance or variances of a side of a lot, the shape of the lot or the unusual terrain prohibit reasonable development equivalent to that which would be permitted without variance on a similar size lot located in the same district, but which lot has no unusual configuration. Economic conditions alone shall not be grounds for a variance. In no case shall the granting of a variance impair the health, safety, comfort and general welfare of the public, nor will it be contrary to the intent and purpose of the Comprehensive Plan, the official map or this or any other ordinance of the City". Variance Findinqs . In order to grant a variance, the following criteria must be addressed as defined by the City and the State. For this variance application, staff can make the following comments: