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Last modified
7/17/2007 1:58:24 PM
Creation date
6/9/2005 1:26:32 PM
Metadata
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Template:
Planning Files
Planning Files - Planning File #
3393
Planning Files - Type
Variance
Address
716 County Road C
Project Name
Viking Racing Pigeon Club
Applicant
Rudolph, Paul
Status
Approved
PIN
112923110004
Date Final City Council Action
8/19/2002
Date Final Planning Commission Action
7/10/2002
Planning Files - Resolution #
10021
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<br />5.2 The new shed replaced the dilapidated shed that was recently removed from the site. <br />Since last year, the Community Development Staff has been working with Mr. Rudolph <br />on properly siding the shed, as well as its location. Last week the shed was sided with a <br />maintenance free vinyl siding, but the shed still remains within the required setback. <br /> <br />5.3 The recently submitted survey new provides details pertaining to the improvements and <br />existing conditions, for which the City Planner has determined that the shed lies 6 feet 9 <br />inches from the Rosetown Court right-of-way and the parcel is covered with 4,433 <br />square feet of impervious surface or a coverage of 32%, 2% or 270 square feet more <br />than the Code allowes. <br /> <br />6.0 STAFF FINDINGS: <br /> <br />6.1 Section 1013.02 states: Where there are practical difficulties or unusual hardships in the <br />way of carrying out the strict letter of the provisions of this code, the city council shall <br />have the power, in a specific case and after notice and public hearings, to vary any such <br />provision in harmony with the general purpose and intent thereof and may impose such <br />additional conditions as it considers necessary so that the public health, safety, and <br />general welfare may be secured and substantial justice done. <br /> <br />6.2 Under State Statute 462.357, subd. 6 (2) provides authority for the city to "hear requests <br />for 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 ifused 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 variance, if <br />granted, will not alter the essential character of the locality. Economic considerations <br />alone shall not constitute an undue hardship if reasonable use for the property exists <br />under the terms of the ordinance.....The board or governing body as the case may be may <br />impose conditions in the granting of variances to insure compliance and to protect" <br /> <br />6.3 Staff analysis of undue hardship factors is as follows: <br /> <br />A. The property in question cannot be put to a reasonable use ifused under <br />conditions allowed by the official controls: <br /> <br />The Community Development Staff has determined that the property at 716 County <br />Road "C" can be put to a reasonable use under the official controls. However, the <br />following circumstances have occurred: <br /> <br />PF3393 - ReA 081902 - Page 3 of 5 <br />
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