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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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their October 9, 2006 meeting in order to further review the staff reports and minutes of <br />the Planning Commission, Variance Board and City Council regarding both the current <br />variance request and the previous subdivision which established the subject property in <br />2005. <br />2.0 REVIEW of VARIANCE SOUGHT: <br />2.1 On July 14, 2006, the applicants (Charles Weleczki & Todd Iliffl applied for a variance <br />allowing a front yard principal structure encroachment ranging from 2 to 15 feet into the <br />30 foot front yard setback area. The requirements of the Front Yard Building Setback are <br />iterated in § 1004.016 of the Roseville City Ordinances. <br />2.2 §1004.016 (Residential Dimensional Requirements — Front Yard Building Setback) <br />requires a minimum front yard principal structure setback of 30 feet. A review of the <br />City's On-Line Mapping technology reveals most homes have been constructed at a 90 <br />degree angle to the front property line/street in such a manner to afford greater use, and as <br />such most comply with the 30-foot front yard setback requirement. However, there are a <br />few homes in the area that were not constructed at the 30-foot setback. 1821 Dale Court <br />lies approximately 21 feet from the front yard property line; 1810 Alta Vista lies <br />approximately 15 feet from the front yard property line; and 1827, 1836, and 1844 Alta <br />Vista lie approximately 22 feet from the front yard property line. Staff is only aware of a <br />variance granted to the 1810 Alta Vista property. <br />3.0 REVIEW of VARIANCE CRITERIA: <br />3.1 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, <br />the Variance Board shall have the power, in a specific case and after notice and <br />public hearings, to vary any such provision in harmony with the general purpose <br />and intent thereof and may impose such additional conditions as it considers <br />necessary so that the public health, safety, and general welfare may be secured and <br />substantial justice done." <br />3.2 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 property 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 property not created by the landowner, and the <br />variance, if granted, will not alter the essential character of the locality. Economic <br />considerations alone shall not constitute an undue hardship if reasonable use for the <br />property exists under the terms of the ordinance ... The board or governing body as <br />the case may be may fmpose conditions in the granting of variances to insure <br />compliance and to protect". <br />PF3781_RCA_Appeal_100906Page 2 of � <br />
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