CCP 07-28-2003 - Laserfiche WebLink

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.Jll: 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 may be granted from specific provisions of this ordinance because such land factors as length 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 Findinl!s Minnesota State Stature 462.357, subd. 6, requires that Cities consider the following five matters when hearing requests for zoning ordinance variances. . 1. Are the circumstances for which the variance is requested unique to the property? Yes. While not necessarily unique to just the applicant's property, the site layout is certainly unique and only a few properties in the area could stake a similar claim. When the house was built in 1973, it was built up to the rear setback (30 feet from the rear property line) and also up to the side setback (10 feet from the side yard line). The house is located approximately 76 feet from the Indian Oaks Trail right-of-way and approximately 50 feet from the closest part of the cul-de- sac right-of-way. The applicant has requested the variance because of the irregular site layout of the property and the minimal impact on the neighborhood due to the property to the south being a heavily wooded area of Floral Park. Due to the irregular site layout the applicant would not be allowed to extend the deck to the south without a variance. The applicant would also have difficulty if they instead tried to extend the deck to the west because there is a tuck-under garage on that side of the home. There are actually 2 or 3 such properties in the vicinity that could claim a similar hardship relative to the unusual site layout and which also abut the park. . PC #03.16- PC Report 07109103 -Page 3 of6