Laserfiche WebLink
existing house has a total livable area of about 3,300 square feet — more than twice the <br />average size and larger than 97% of the houses in the city. Because of the relative size <br />(and value) of the existing house compared to others in the Roseville housing market, the <br />property can be put to reasonable use as it currently exists. City Staff believes that strict <br />application of the City Code will not prevent the property from being put to a reasonable <br />use and, therefore, will not burden the property owner with an undue hardship. Thus, the <br />Planning Division has determined that the property can be put to a reasonable use <br />under the official controls if the requested variance is DENIED. <br />4.2 The landowner has no plight that is due to circumstances unique to the property not <br />created by the landowner: The existing improvements were constructed in compliance <br />with Code requirements, but very little space (if any) was preserved between the <br />residential structure and the required 50-foot setback from the wetland boundary <br />delineated at that time. The applicant is the original homeowner and as such has been <br />aware of the wetland and its related land use restrictions since the home was constructed. <br />While the location of the wetland and the required setback line are not under the control <br />of the applicant, the enforcement of the required setback from the wetland, as it was <br />delineated at the time the home was built, is consistent with the property owner's original <br />expectations of the developable area of the lot. The Planning Division has determined <br />that, while the circumstances are unique to properties in this area, the landowner <br />faces no plight if the original developable area on the property is not being . <br />5.0 STAFF RECOMMENDATION: <br />5.1 The Planning Division recommended that the Variance Board DENY Thomas <br />McDaniel's request for a VARIANCE to § 1016.16 (Wetland Setbacks) of the City Code <br />to allow a principal structure encroachment into the required setback from a wetland at <br />527 Owasso Hills Drive based on the comments and findings outlined in Section 5 of the <br />staff report dated October 4, 2006. <br />6.0 VARIANCE BOARD ACTION <br />6.1 On October 4, 2006 the Variance Board held the public hearing regarding the McDaniel <br />request. At the meeting no property owners spoke in support of, or opposition to, the <br />request. <br />6.2 Variance Board members asked questions of staff and the applicant to further understand <br />the nature of wetlands and the proposed variance request. The applicant provided copies <br />of additional surveys that apparently showed differing versions of wetland boundaries. <br />6.3 With respect to their positions on the variance request, the Variance Board members <br />made the following comments taken from the draft meeting minutes: <br />Commissioner poherty spoke in support of denying the request; opining that he took <br />wetland setbacks very seriously; and further opining that he would find it hard to deny <br />other neighborhood requests for a variance if this request were granted. <br />Commissioner Boerigter noted that he took wetland setbacks seriously as well; however, <br />he wanted to clarify that this was in actualiry a wetland; and opined that the addition of a <br />four-season porch, as presented, may not have a huge impact on the existing wetland. <br />Commissioner Boerigter recognized Commissioner poherty's concerns, and what was <br />PF3787_RCA_Appeal_ 102306 <br />Page 4 of 5 <br />