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Last modified
5/28/2014 12:34:14 PM
Creation date
7/3/2013 11:36:30 AM
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Planning Files
Planning Files - Planning File #
3781
Planning Files - Type
Variance
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the general purpose and intent thereof and may impose such additional <br />conditions as it considers necessary so that the public health, safety, and <br />general welfare may be secured and substantial justice done. <br />5.7 State Statute 462.357, subd. 6(2) provides authority for the city to "hear <br />requests for variances from the literal provisions of the ordinance in <br />instances where their strict enforcement would cause undue hardship <br />because of circumstances unique to the individual property under <br />consideration, and to grant such variances only when it is demonstrated that <br />such actions will be in keeping with the spirit and intent of the ordinance. <br />"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 <br />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, <br />and the variance, if granted, will not alter the essential character of the <br />locality. Economic considerations alone shall not constitute an undue <br />hardship if reasonable use for the property exists under the terms of the <br />ordinance....The board or governing body as the case may be may impose <br />conditions in the granting of variances to insure compliance and to protect" <br />5.8 The properry in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls: The Official Controls of the City <br />prescribe that all single family residential parcels be a minimum of 85 feet in width, <br />110 feet in depth and 11,000 s.f. in size. Mr. Iliffhas a pre-existing lot that is up <br />to 135 feet in depth along the south side, and 327 feet in width. Mr. Iliffproposes <br />to create two parcels, both meet frontage and depth, but one, does not meet the lot <br />size requirement — if it is considered a corner lot The Community Development <br />Staff has determined that the oddly shaped vacant corner property can be <br />put to a reasonable and practical use under the official controls if the <br />appropriate variances are granted. <br />59 The plight of the landowner is due to circumstances unique to the property not <br />created by tlte landowner: The Iliff situation is unique because of its odd shape <br />and double frontage. Most double frontage parcels in Roseville place the rear yard <br />adjacent to collector or arterial roadways such as County Road B or C. In the past <br />five years, the City has approved land division for a few double frontage parcels, <br />including the Beauclaire lots at 1758 Alta Vista and 1757 Dale Street. The <br />Community Development Staff has determined that the plight of the <br />landowner is due to circumstances unique to the odd shaped property not <br />created by the landowner. <br />5.10 The variance, if granted, will not alter the essential cl:aracter of tl:e locality: <br />Although approving this variance would create a parcel that has an odd shape and <br />less width and square footage than others in the general viciniry, it is not a <br />departure from past Council action. The Community Development Staff has <br />RPCA PF365�(080305) - Page 4 of 6 <br />
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