pf07-057 - Laserfiche WebLink

Home

-"1 � 5.8 Section 1013 of the Code states: "Where there are practical di�culties or unusual hardships in the way of carrying out the strict letter of the provisions of this code, the Variance Board 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, safery, and general welfare may be secured and substantial justice done. ' 5.9 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 a�sed in connection with the granting of a variance means the properry in question cannot be put to a reasonable use if used under conditions allowed by the o�cial 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 properry 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. " 5.10 The propertv in question cannot be put to a reasonable use if used under conditions allowed bv the official controls: The property immediately adjacent to the north of the applicants' property is public right-of-way with significant public utility infrastructure underneath; because this Rose Place right-of-way is unlikely ever to be developed as a public street, the land is apt to remain without significant surface infrastructure into the foreseeable future. Moreover, property owners adjacent to undeveloped rights-of-way throughout Roseville are encouraged to maintain and use the property nearly as though it were an extension of their own yards, so enforcing setbacks from this property line, which doesn't function like other property lines, precludes the applicants from reasonably developing their parcel consistent with how it acts in conjunction with the adjacent right- of-way. 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. 5.11 The plight of the landowner is due to circumstances unique to the uroperty not created bv the landowner: The Rose Place right-of-way is owned by the City. A vacation of that portion of the right-of-way would accommodate the proposed detached building without a variance, but since City staff does not support such a vacation, the applicants are left with no reasonable alternatives. The Planning Division has determined that the plight of the landowner is due to unique circumstances not created by the landowner. 5.12 The variance, if granted, will not alter the essential character of the locality: The proposed garage would not be out of character with the surrounding residential area that includes single-family homes, townhouses, and manufactured homes. 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. PF07-057 RVBA 100307 Page 3 of 4