2007-03-14 CC - Laserfiche WebLink

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Planning & Zoning Commission Report and Recommendation. The Planning & Zoning Commission met on January 2,2007, continued on February 6, 2007, and again on March 6, 2007 to consider a request of Jeff and Laura Hanzal, for a variance to allow a front-yard setback of 15 feet from the front property line, rather than the normal thirty-five feet on the property consisting of .89 acres identified on the preliminary plat for Hanzal's Addition as Lot 6, Block 1. Findings: 1) Subsequent to the hearing of February 6,2007, applicant revised their variance request to reduce the needed variance to 10 feet, proposing to place the structure 25 feet from the front property line. 2) The Planning and Zoning Commission heard and considered all testimony of interested persons submitted in writing and in person during the public hearing and input process. 3) The applicant provided evidence that the home could not reasonably be constructed in another location on the lot, given the difficult grades of the lot and constraints associated with setback from Clearwater Creek. 4) The applicant did provide evidence to support a finding of "undue hardship" as defined by Minnesota Statute 467.357, subd 6, and City Code Chapt. 154, Sec. 154.310, Subd. A, and specific findings in this regard are: a. Because of the particular physical surroundings, shape or topographical conditions of the parcel or lot, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. The Commission find., that the topographical conditions of this property severely limit where a home can be built. Regulations of Rice Creek Watershed District that prevent additional fill to reclaim more land. The combination of topographical conditions, setback regulations and building size regulations comhine to make the property unbuildahIe without a variance. The Commission also find., that lacking a variance, the only way that the .89 acres of proposed lot 6 can be used would be to remove the existing home located to the north of the proposed lot in order to move that northerly property line to increase the buildahIe area. The Commission.linds that it would create an undue hardship to require that the existing home be removed in order to avoid the required variance. b. The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district.