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09-26-05
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09-26-05
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<br />property not created by the lando"",,er, and the variance, if granted, will not alter the essential <br />character of the locality, Economic considerations alone shall not constitute an undue hardship if .. <br />reasonable use ofthe property exists under the terms of the ordinance"." . <br /> <br />B. City Requirements <br /> <br />Section VIII, D, 4, e and d, of the City's Zoning Ordinance state that, <br /> <br />"Adherence to the provisions of this ordinance is required, except for special cases which arise <br />because of the configuration of a particular parcel. The condition shall not have been created by <br />the landowner. A variance or variances may be granted from specific provisions ofthis ordinance <br />because such land factors as length of a side of a lot, the shape of the lot or the unusual terrain <br />prohibit reasonable development equivalent to that which would be permitted without variance on <br />a similar size lot located in thc same district, but which lot has no unusual configuration, <br />Economic conditions alone shall not be grounds for a variance, In no case shall the granting of a <br />variance impair the health, safety, comfort and general welfare of the public, nor will it be <br />contrary to the intcnt and purpose of the Comprehensive Plan, the official map or this or any other <br />ordinance of the City," <br /> <br />Variance Findinl!.s <br /> <br />. <br /> <br />Minnesota State Stature 462.357, subd, 6, requires that Cities consider the following five matters <br />when hearing requests for zoning ordinance variances, <br /> <br />1. Are tbe circumstances for which the variance is requested unique to the property? <br /> <br />(YES) A limited number of properties, those properties in the southwest quadrant of <br />Arden Hills could claim a hardship due to the lot dimensions; most of these lots predate <br />Arden Hills becoming a City and the creation of Arden Hills' zoning, The applicant has <br />a very narrow lot (65 feet wide) which also limits the applicant's ability to relocate the <br />garage behind the principal structure and still have reasonable access to the garage and <br />provides littlc or no opportunity to attach a garage to the principal structure, <br /> <br />2. Would granting the variance be in keeping with the spirit and intent of the City's <br />Zoning Ordinance? <br /> <br />The stated Purpose and Intent of the City's Zoning Ordinance includes thirteen purposes, <br />of those the following statements appear to be applicable: <br /> <br />This ordinance is enacted for the following purposes: <br /> <br />\\Metro~inet.uslArdenHilIs\Planning\P]annjng Cases\2005\05-20 Ruppel Variance (PENDING)\09-07-05 PC Report Ruppel Variance PC-05- <br />20.doc <br /> <br />Page 3 of6 <br /> <br />. <br />
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