Laserfiche WebLink
5.10 State Statute 462.357, subd. 6(2) provides authoriry for the city to "tnear requests gor <br />variances from the literal provisions of the ordinance in instances where their striet <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 />5.11 The property in question cannot be put to a reasonable use if used under conditions <br />allowed by the official controls: Pre-existing corner lots in Roseville are particularly <br />challenging because of situations similar to that of the Marshall property. Principal <br />structures on all corner lots are required to be set back 30 feet from three sides (i.e., front, <br />rear and corner side) of the lot, and set back either 5 or 10 feet from the interior side of <br />the lot, depending on when the lot was platted. Further, most corner lots in Roseville are <br />_ _. _. _ <br />substandard to the , , " ��� 10{{�� , �r : � <br />feet and 12,500 sq are feet. This substandard condition contributes to an almost certain <br />need for VARIANCES; there appear to be no reasonable alternatives that can be <br />supported by the Code without the need for at least one VARIANCE. The Planning <br />Division has determined that the property can be put to a reasonable use under the <br />official controls if a 16-foot VARIANCE to §1004.016 (Residential Dimensional <br />Requirements — Rear Yard Setback) is granted. <br />5.12 The pli�ht of the landowner is due to circumstances unique to the property not <br />created by the landowner: The current situation/properly is unique. As stated above, the <br />creation of corner lots like this was supported by the City through the land division <br />process, but such lots are currently substandard in dimension . This condition� <br />`` ny previous land owner. The Planning Division has <br />� etermined that the plight of the iando�viier is due to circumstances unique to the <br />property not created by the landowner. <br />5.13 The variance, if �ranted, will not alter the essential character of the locality: The <br />reduction in the required rear yard setback for the principal structure (with the proposed <br />addition) will not create an adverse impact on adjacent properties or the surrounding <br />neighborhood. The lot abutting the interior (west) side of the Marshall property has a 5- <br />foot side yard setback adjacent to the coinmon lot line. The same is true for the lot <br />abutting the rear (north) of the Marshall property; the proposal to expand the principal <br />structure to a point 14 feet from this property line will not adversely impact the adjacent <br />properiy. The Planning Division has determined that the allowance of a 16-foot <br />VARIANCE will not alter the essential character of the locality, nor adversely affect <br />the public health, safety, or general welfare, of the city or adjacent properties. <br />PF3762_RVBA_060706Page 3 of 4 <br />