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CCP 07-28-2003
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CCP 07-28-2003
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<br />".. .means the property in question cannot be put to a reasonable use if used under . <br />conditions allowed by the official controls, the plight of the landowner is due to <br />circumstance unique to the property not created by the landowner, and the variance, if <br />granted, will not alter the essential character of the locality. Economic considerations <br />alone shall not constiMe an undue hardship if reasonable use ofthe property exists under <br />the terms of the ordinance..." <br /> <br />B. City Requirements <br /> <br />Section VIII, D, 4, c and d, of the City's Zoning Ordinance state that, <br /> <br />"Adherence to the provisions ofthis ordinance is required, except for special cases which <br />arise because of the configuration of a particular parcel. The condition shall not have <br />been created by the landowner. A variance or variances may be granted from specific <br />provisions of this ordinance because such land factors as length of a side of a lot, the <br />shape of the lot or the unusual terrain prohibit reasonable development equivalent to that <br />which would be permitted without variance on a similar size lot located in the same <br />district, but which lot has no unusual configuration. Economic conditions alone shall not <br />be grounds for a variance. In no case shall the granting of a variance impair the health, <br />safety, comfort and general welfare of the public, nor will it be contrary to the intent and <br />purpose of the Comprehensive Plan, the official map or this or any other ordinance of the <br />City." <br /> <br />. <br /> <br />Variance Findines <br /> <br />Minnesota State Stature 462.357, subd. 6, requires that Cities consider the following five <br />matters when hearing requests for zoning ordinance variances. <br /> <br />1. Are the circumstances for which the variance is requested nnique to the <br />property? <br /> <br />Yes. The lot is only 65 feet wide, narrower than the minimum width of 85 feet for <br />a lot in the R-2 District. Furthermore, the house is centrally located on the lot <br />with setbacks ofl6 feet to the west and 21 feet to the east. Due to the location of <br />the house on the lot, placing a garage 10 feet from the interior side property line <br />could potentially cause accessibility problems for cars attempting to utilize the <br />garage and would require relocation of part of the driveway. In addition, the <br />placement of the large Cottonwood tree located behind the garage would <br />precluded the applicant from locating the garage further into the lot to allow the <br />garage to be located at the stated 10- foot setback requirement. There are <br />approximately ten other properties in the area which may experience similar <br />difficulties accessing their garage if forced to build at the required side yard <br />interior setback of ten feet. However it is believed that these properties would not <br />suffer the same exact hardship due to the applicant's added difficulty with the . <br />location of a large tree. <br /> <br />PC #03-17 - PC Report 07/0912003 -Page 3 of 5 <br />
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