pf08-043 - Laserfiche WebLink

Home

4.0 BACKGROUND 4.1 Mr. Anderson owns the residential property at 1768 Shorewood Curve. The property has a Comprehensive Plan designation of Low-Density Residential (LR) and a zoning classification of Single-Family Residence District (R-1). 4.2 The applicants are rebuilding their home to be wheelchair accessible for the benefit of their son. The proposed covered entry, including the necessary wheelchair ramp, could be reviewed and approved administratively if the house were not being rebuilt; because the newly-constructed house would be less than 20 years of age, however, the Administrative Deviation is not an option. S.O STAFF COMMENT 5.1 Section 1004.016 (Residential Setbacks) of the City Code requires a 30-foot setback for a home on this property; the existing house meets this requirement. Although a new house on the property could be set back far enough to accommodate the proposed covered ramp without encroaching into the required front yard, reconstructing a wheelchair accessible home using the same foundation does not offer that flexibility of location. 5.2 The proposed wheelchair ramp will extend 5 feet from the existing foundation that is closest to the front property line. This wheelchair ramp on its own would not require a VARIANCE in the proposed location; the proposed roof over the ramp is the feature that does not conform to the front yard setback requirements. Columns with footings that would support the proposed roof above the wheelchair ramp are considered to be part of a building's structure which is subject to the standard setback requirements. 5.3 Residential properties are allowed to have impervious surfaces covering up to 30% of the overall lot area; based on the survey provided, the proposal appears to reach that limit without exceeding it. 5.4 Section 1013 of the Code 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 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, 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 properry 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 properry 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 ". PF08-043 RVBA 110508 Page 2 of 4 � �