CCP 07-28-2003 - Laserfiche WebLink

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".. .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 circumstance 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 constiMe an undue hardship if reasonable use ofthe 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 ofthis 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 Findines 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 nnique to the property? Yes. The lot is only 65 feet wide, narrower than the minimum width of 85 feet for a lot in the R-2 District. Furthermore, the house is centrally located on the lot with setbacks ofl6 feet to the west and 21 feet to the east. Due to the location of the house on the lot, placing a garage 10 feet from the interior side property line could potentially cause accessibility problems for cars attempting to utilize the garage and would require relocation of part of the driveway. In addition, the placement of the large Cottonwood tree located behind the garage would precluded the applicant from locating the garage further into the lot to allow the garage to be located at the stated 10- foot setback requirement. There are approximately ten other properties in the area which may experience similar difficulties accessing their garage if forced to build at the required side yard interior setback of ten feet. However it is believed that these properties would not suffer the same exact hardship due to the applicant's added difficulty with the . location of a large tree. PC #03-17 - PC Report 07/0912003 -Page 3 of 5