Laserfiche WebLink
� <br />5.8 Section 1013 of the Roseville City Code states: "Where there are practical difficulties <br />or unusual hardships in the way of carrying out the strict letter of the provisions of <br />this code, the Variance Board shall have the power, in a specific case and after <br />notice and public hearings, to vary any such provision in harmony with the general <br />purpose and intent thereof and may impose such additional conditions as it <br />considers necessary so that the public health, safety, and general welfare may be <br />secured and substantial justice done." <br />5.9 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 impose conditions in the granting of variances to insure <br />compliance and to protect". <br />5.10 The propertv in question cannot be put to a reasonable use if used under conditions <br />allowed by the official controls: All owners of this property since the house was built in <br />1954 have been able to make use of the sloping driveway in its current configuration, <br />although probably with great difficulty during the winter months. Given the obvious <br />hazards that arise whenever vehicles slide uncontrollably into the street, the public <br />interest would appear to be best served by facilitating a reduction of the offending slope. <br />Constructing a new garage directly beneath the existing one could accomplish that goal <br />(if it is, in fact, structurally possible), but it would require much more excavation than <br />what is proposed. An extension of the building toward the street, then, seems to be the <br />most reasonable way to construct an attached garage at a grade that more closely matches <br />the street level. And while the proposed 28-foot depth may exceed that of an average <br />garage by about 4 feet, the proposed 20-foot width (constrained in part by the narrow, 50- <br />foot lot) is about 4 feet narrower than an average garage. Therefore, there appear to be no <br />reasonable alternatives to the proposed garage redevelopment that can be supported by <br />the Code without a VARIANCE. <br />As to the proposed living area above the garage, Community Development staff <br />has a few additional comments. The existing house has a combined living room/dining <br />room, and the top floor of the proposed addition would allow more generous space for <br />those rooms. The second level of the addition would provide space for more bedrooms <br />and perhaps an additional bathroom. City policies support the improvement of existing <br />houses to allow residents and families to continue living in Roseville as their need for <br />space changes; the proposed living area above the garage is both consistent with these <br />policies and an efficient use of the space created by the reconfiguration of the <br />garage/driveway. The Planning Division has determined that the property can be put <br />to a reasonable use under the official controls if the VARIANCE is granted. <br />PF3794_RVBA_ 110106 <br />Page 3 of 5 <br />