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5/28/2014 3:00:48 PM
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6/21/2013 3:44:41 PM
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Planning Files
Planning Files - Planning File #
08-043
Planning Files - Type
Variance
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4.0 BACKGROUND <br />4.1 Mr. Anderson owns the residential property at 1768 Shorewood Curve. The property has <br />a Comprehensive Plan designation of Low-Density Residential (LR) and a zoning <br />classification of Single-Family Residence District (R-1). <br />4.2 The applicants are rebuilding their home to be wheelchair accessible for the benefit of <br />their son. The proposed covered entry, including the necessary wheelchair ramp, could be <br />reviewed and approved administratively if the house were not being rebuilt; because the <br />newly-constructed house would be less than 20 years of age, however, the Administrative <br />Deviation is not an option. <br />S.O STAFF COMMENT <br />5.1 Section 1004.016 (Residential Setbacks) of the City Code requires a 30-foot setback for a <br />home on this property; the existing house meets this requirement. Although a new house <br />on the property could be set back far enough to accommodate the proposed covered ramp <br />without encroaching into the required front yard, reconstructing a wheelchair accessible <br />home using the same foundation does not offer that flexibility of location. <br />5.2 The proposed wheelchair ramp will extend 5 feet from the existing foundation that is <br />closest to the front property line. This wheelchair ramp on its own would not require a <br />VARIANCE in the proposed location; the proposed roof over the ramp is the feature that <br />does not conform to the front yard setback requirements. Columns with footings that <br />would support the proposed roof above the wheelchair ramp are considered to be part of a <br />building's structure which is subject to the standard setback requirements. <br />5.3 Residential properties are allowed to have impervious surfaces covering up to 30% of the <br />overall lot area; based on the survey provided, the proposal appears to reach that limit <br />without exceeding it. <br />5.4 Section 1013 of the Code states: "Where there are practical difficulties or unusual <br />hardships in the way of carrying out the strict letter of the provisions of this code, the <br />variance Board shall have the power, in a specific case and after notice and public <br />hearings, to vary any such provision in harmony with the general purpose and intent <br />thereof and may impose such additional conditions as it considers necessary so that the <br />public health, safety, and general welfare may be secured and substantial justice done. " <br />5.5 State Statute 462.357, subd. 6(2) provides authority for the city to "hear requests for <br />variances from the literal provisions of the ordinance in instances where their strict <br />enforcement would cause undue hardship because of circumstances unique to the <br />individual properry under consideration, and to grant such variances only when it is <br />demonstrated that such actions will be in keeping with the spirit and intent of the <br />ordinance. `Undue hardship' as used in connection with the granting of a variance <br />means the property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls, the plight of the landowner is due to <br />circumstances unique to the properry not created by the landowner, and the variance, if <br />granted, will not alter the essential character of the locality. Economic considerations <br />alone shall not constitute an undue hardship if reasonable use for the properry exists <br />under the terms of the ordinance ... The board or governing body as the case may be may <br />impose conditions in the granting of variances to insure compliance and to protect ". <br />PF08-043 RVBA 110508 <br />Page 2 of 4 <br />� � <br />
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