08-04-10-WS - Laserfiche WebLink

Home Browse Search

Zoning Code, similar to the Front Porch Ordinance, which would create circumstances where certain types of development could occur without the need for a variance. In the past, some communities would use the variance process as a way for cities to take a more hands on approach in the review and approval of projects. Based on the purpose of a variance, as _ defined in state law and interpreted by the courts, using the process as a tool to review Jro'ects p on a case by case basis as to whether the project is reasonable is no longer an appropriate use of that tool. Variances are designed to be used sparingly and only in those situations where a property can not be put to a reasonable use if it were forced to be developed in accordance with the existing ordinances of the city. As part of the work session discussion, Staff would like to include time to discuss the Planning Commission's opinion on incorporating changes to the Zoning Code that would allow certain types of development, which currently would require a variance, to be reviewed administratively. Y In Arden Hills, a common variance request is for a relatively small encroachment into a setback. Some cities already have provisions that allow this type of flexibility through an administrative review. For example, Burnsville's City Code (Attachment B) includes setback exemptions for residential properties for small additions to the front, side or rear of a home under certain circumstances. Other possible opportunities for changes may involve; detached garages in the Y g g front yards of lakeshore lots, garage additions of a single stall on existing single le or two stall garages, reduced side yard setback on corner lots, reduced setbacks for accessory structures in R- 2 and R-3 districts, or reduced front yard setbacks. Attachments A. League of Minnesota Cities, "Zoning Decisions",handout B. Section 10-12-5 of the City of Burnsville's Zoning Code 7