2003_0428_packet - Laserfiche WebLink

Home

5.2 An option, though not a practical solution, could be to construct a second story. However, this addition would entail major architectural design and engineering, inconvenience, and added cost. A second story also does not address existing rooms and their limited size compared to current standards. 5.3 Staff has reviewed the proposal and determined that there are no reasonable options available to Voermans and that reducing or eliminating the proposed sidewalk would tape away from the character and usefulness of the home. 5.4 Section 10 13. o states: where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of this code} the city council shall have the power, in a specific case and after notice and public hearings, to vary any such provision in harmony with the general purpose and intent thereof and may impose such additional conditions as it considers necessary so that the public health, safety, and general welfare may be secured and substantial justice done. 5.5 State Statute 462.357, subd. 6 (2) provides authority for the city to `'hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in beeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance 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 circumstances 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 constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance.... The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect'' 5.6 Staff analysis of undue hardship factors is as follows: A. The property in question cannot be past to a reasonable use is f used under conditions allowed by the official controls: The Voermans dome and site is unable to reasonably expand to meet their growing needs without a variance due to parcel coverage restrictions. Requiring modifications from the proposal tape away from the character and usefulness of the home and site. The Community Development Staff has determined that the property can be made more livable and put to a reasonable use under the official controls if a variance is ranted. PF346 — RCA 042803 ® Page 3 of 5