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Last modified
5/28/2014 1:10:43 PM
Creation date
7/3/2013 11:39:19 AM
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Planning Files
Planning Files - Planning File #
3798
Planning Files - Type
Variance
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5.7 State Statute 462357, 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 impose conditions in the granting of variances to insure <br />compliance and to protect". <br />5.8 The property in question cannot be put to a reasonable use if used under conditions <br />allowed by the official controls: The house on the Maylone property was built in 1955. <br />Like other residential development of similar age, the original improvements on this <br />property included garage space for one car, and the structure was situated on the lot such <br />that expansion of the existing garage to accommodate more vehicles often is not possible <br />within the constraints of the Code. Because of the increasing slope from the street to the <br />rear of the property, the most feasible option for additional enclosed vehicle parking and <br />storage area is to expand the garage toward the front property line. The dimensions of the <br />proposed two-car, attached garage are rather modest; therefore, the encroachment into the <br />required front yard setback (while significant) has been kept to a minimum. In light of the <br />constraints of lots like the one in question, along with the applicant's desire to convert <br />the existing tuck-under garage into living area, there appear to be no reasonable <br />alternatives that can be supported by the Code without a VARIANCE. The Planning <br />Division has determined that the property can be put to a reasonable use under the <br />official controls if the requested VARIANCE is granted. <br />5.9 The pli�ht of the landowner is due to circumstances unique to the property not <br />created by the landowner: The current situation is unique to properties like the one in <br />question. As stated above, the existing residence and garage are of a size and/or <br />configuration that might have suited the occupants at the time the house was constructed, <br />but no longer satisfies the current needs of the residents. Furthermore, such homes on, <br />pre-existing nonconforming lots face additional space constraints, and a number of them <br />require one or more variances to allow improvements to occur; this is a condition not <br />created by this owner or any previous land owner. The Planning Division has <br />determined that the plight of the landowner is due to unique circumstances not <br />created by the landowner. <br />5.10 The variance, if �ranted, will not alter the essential character of the locality: The <br />houses surrounding the subject property range in size from about 960 square feet to about <br />1,700 syuare feet. Based on rough calculations, the conversion ofthe existing garage into <br />living area (enabled by the proposed addition) would increase the livable area ofthis <br />house to about 1,200 square feet; consistent with most of the homes in the immediate <br />vicinity. And although no other garages in the area approach the front property line to the <br />PF3798_RVBA_120606 <br />Page 3 of 4 <br />
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