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7/17/2007 8:41:00 AM
Creation date
12/2/2004 10:30:17 AM
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Roseville City Council
Document Type
Council Resolutions
Resolution #
9827
Resolution Title
Approving Variance from Section 1004.02D5 (Swelling Dimensions and Appearances and Height, Frontage, Yard and Lot Area Requirements in R-1 Districts) of the Roseville City Code for Property Located at 3062 West Owasso Boulevard (PF3264)
Resolution Date Passed
10/23/2000
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<br />WHEREAS, the Roseville Planning Commission conducted a public hearing on the <br />request on Wednesday, October 11,2000, and recommended approval (5-0) of the requested <br />variance, with the following findings: <br /> <br />Whereas, the Planning Commissionfinds that a strict application of the City Code would <br />work an unusual hardship on the applicant; and <br /> <br />Whereas, the hardship was not created by the applicant; and <br /> <br />Whereas, the granting of the variance will not significantly impact the health, safety or <br />general welfare of the community; and <br /> <br />WHEREAS, the Roseville City Council received the Planning Commission's findings <br />and recommendation on Monday, October 23, 2000; and <br /> <br />WHEREAS, the Roseville City Council stipulates that Section 1004.02D5 (Dwelling <br />Dimensions and Appearances and Height, Frontage, Yard and Lot Area Requirements in R-l <br />Districts) requires a detached garage front yard setback of30 feet, and further, that a variance <br />requires the applicant to prove physical hardship and to demonstrate that no practical alternatives <br />exist that would reduce the need for a variance, and <br /> <br />WHEREAS, the Roseville City Council made the following findings: <br /> <br />1. A portion of the replacement garage lies within the required front yard setback, while the <br />new study area addition (a small portion of the garage) would meet the required setback. <br />The parkingfor the garage would be on the south side of the building, not adjacent to the <br />right-of-way. <br /> <br />2. Topography and trees in this area have created hardships in the past, requiring residents <br />in the neighborhood to obtain variances to complete or replace existing non-conforming <br />garages. <br /> <br />3. The existing garage property cannot be put to a reasonable use ifused under the <br />conditions permitted by the ordinance because, in part, of structural deterioration. <br /> <br />5. The hardship is not the applicant's creation. <br /> <br />6. If granted, the variance will not impact the health, safety, or general welfare of the <br />community. <br /> <br />7. The Kenney request has been forwarded to the Department of Natural Resources for <br />review and comment. The proposed detached garage replacement does not involve any <br />infractions, new or pre-existing, to the shoreland requirements of Section 1016 of the <br />City. <br /> <br />2 <br />
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