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A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: The City has been attempting to deal with the limited options comer lots are presented when proposing development and redevelopment. However, staff has yet to create language for consideration by the Planning Commission or City Council. The City staff has determined that the property is unable to completely take advantage of the view of the lake if required to abide by the official controls. In order to see Lake Owasso the height or mass of the structure would need to be of a height out of character with the other homes in the neighborhood. B. The plight of the land owner is due to circumstances unique to the property not created by the land owner: The property is a comer lot that has heightened setbacks on three sides of the parcel. This is unique to the lot. Bauer Homes desire to redevelop the property with a new home creates the need for a variance. The plat of this area was approved and recorded and the existing home was built on the parcel (at an angle to take advantage of the lake view) prior to the current code. C. The variance, ifgranted, will not alter the essential character of the locality: The proposed setback variance may lessen view of the lake from properties south of Heinel Drive, but will not alter the essential character of the locality, nor adversely affect the public health, safety, or general welfare, of the city or adjacent properties. D. The variance, if granted, will allow Bauer Homes to take advantage of the long side of the lot for a house with an attached garage and place the driveway on the Heinel Circle rather than Heinel Drive. 5.0 STAFF RECOMMENDATION Based on the findings outlined in Section 3 of this report, staff recommends approval of the request for a variance from Section 1004.02D5 of the City Code, to allow the placement of a new home no less than 10 feet from the rear yard (east) property line for property located at 691 Heinel Drive. 6.0 SUGGESTED PLANNING COMMISSION ACTION 6.1 By motion, recommend to approval (approval w/modifications or denial) of the request by Bauer Homes for a 20 foot rear yard setback variance from Section 1004.02D5 of the RosevilIe City Code for property located at 691 Heinel Drive, based on the findings located in Section 4 and subject to the conditions indicated in Section 5 of the project report dated 7/11/01. Prepared by: Thomas Paschke (651-490-2236) Attachments: Property location map; site plan; and photos of parcel. 60-day Time Limit: Application received and accepted on June 11,2001; Deadline for action is August 10,2001. PF3327 RPCA (071101) Page 3 of3