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Last modified
5/28/2014 12:19:24 PM
Creation date
7/3/2013 11:32:24 AM
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Planning Files
Planning Files - Planning File #
3771
Planning Files - Type
Variance
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Community Development Department <br />G51-792-7005 ♦ fax: G51-792-7070 <br />Your proposal to replace your 2 detached accessory buildings with a 24 foot by 36 <br />foot (864 sq. ft.) detached structure (garage) does meet the rear yard limitation of <br />Section 1004.O1A3 (900 sq. ft.), but falls short (exceeds) of ineeting the maximum <br />total impervious coverage afforded the property. The proposal exceeds the <br />allowable total of 3,038 sq. ft. by 252 sq. ft. <br />I a:Y: :��t ce�ain �'::�t �ardsri�s �r unique cir�umstances are present to warrant the <br />granting of a VARIANCE. However, without a further reduction in the proposed size, <br />you will be required to apply for and receive an approved VARIANCE. It should be <br />noted that this is a formal process which requires being able to "prove a hardship/unique <br />circumstances" are present — as stated below. <br />VARIANCES are subject to the following: <br />In Section 1013 the Code states ..... Where there are practical difficulties or <br />unusual hardships in the way of carrying out the strict letter of the provisions of <br />this code, the Variance Board shall have the power, in a specific case and after <br />notice and public hearings, to vary any such provision in harmony with the <br />general purpose and intent thereof and may impose such additional conditions as <br />it considers necessary so that the public health, safety, and general welfare may be <br />secured and substantial justice done. <br />State Statute 462.357, subd. 6(2) provides authority for the city to "hear requests <br />for variances from the literal provisions of the ordinance in instances where their <br />strict enforcement would eause undue hardship because of circumstances unique <br />to the individual property under consideration, and to grant such variances only <br />when it is demonstrated that such actions will be in keeping with the spirit and <br />intent of the ordinance. "Undue hardship" as used in connection with the granting <br />of a variance means the property in question cannot be put to a reasonable use if <br />used under conditions allowed by the official controls, the plight of the landowner <br />is due to circumstances unique to the property not created by the landowner, and <br />the variance, if granted, will not alter the essential character of the locality. <br />Economic considerations alone shall not constitute an undue hardship if <br />reasonable use for the property exists under the terms of the ordinance....The <br />board or governing body as the case may be may impose conditions in the <br />granting of variances to insure compliance and to protect". <br />
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