pf07-016 - Laserfiche WebLink

Home

� � 5.6 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 keeping 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". 5.7 The property in question cannot be put to a reasonable use if used under conditions allowed bv the official controls: The applicants' house, as noted above, is among the smallest in the city; it has one bathroom for a family of four, and the attic access doubles as a bedroom closet. Beyond this inconvenience, the gradually declining health condition of one of the owners will eventually necessitate the relocation of the laundry facilities from the basement to the main floor. Given the existing space constraints, such health- related accommodations could not be made. The Planning Division has determined that the property can be put to a reasonable use under the official controls if the VARIANCE request is approved. 5.8 The qlight of the landowner is due to circumstances unique to the propertv not created bv the landowner: The applicants intentionally selected and recently purchased this house largely because of its location: it's in a school district that allows their children to thrive and other important community attributes are easily accessed. While the size and configuration (and, therefore, the suitability) of the house were known to the owners when they made the purchase, the unique health considerations would likely require modifications to any house that is similarly located and comparably priced. The need for the variance may not arise from a strict interpretation of "circumstances unique to this property", but similar site constraints would likely be found on any properiy available to them, given the personal considerations that led to the selection of this property. The Planning Division has determined that the plight of the landowner is due to unique circumstances not created by the landowner. 5.9 The variance, if �ranted, will not alter the essential character of the locality: Homes in this area are predominantly in the Rambler style. The proposed expansion is intended to be in keeping with this style and would be mostly invisible from the public realm. The Planning Division has determined that the allowance of the requested VARIANCE will not alter the essential character of the locality, nor adversely affect the public health, safety, or general welfare of the city or adjacent properties. PF07-016 RVBA 040407 Page 3 of 4