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Last modified
7/17/2007 2:01:10 PM
Creation date
6/28/2005 11:56:23 AM
Metadata
Fields
Template:
Planning Files
Planning Files - Planning File #
3508
Planning Files - Type
Variance
Address
1047 BURKE AVE W
Project Name
JAMES H & MARIAN T KORF
Applicant
JAMES H & MARIAN T KORF
Status
Approved
PIN
142923220021
Date Final City Council Action
8/18/2003
Date Final Planning Commission Action
8/6/2003
Planning Files - Resolution #
10127
Additional Information
RESOLUTION #2 10128 FRONT & SIDE PORCH
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<br />5.2 The proposed improvement reduces the parcels overall impervious coverage, but still is <br />over the Code maximum by 575 square feet. <br /> <br />5.3 Section 1004.01E (Exception) reads: "If after May 21, 1959, existing houses on 50% or <br />more of the frontage of any block have a predominant front yard different from that <br />herein specified, all buildings hereafter erected shall conform to this predominant front <br />yard depth, provided this regulation shall not be interpreted so as to require a front yard <br />on more than 40 feet in depth. In review of the subject request, the City Planner has <br />determined that the Korf home has a predominant front yard setback of 37 feet. <br /> <br />5.4 Mrs. Korf has accessibility and mobility problems. The proposed porch addition is being <br />designed with railings and at a more comfortable height, making ingress and egress easier <br />giver Mrs. Korfs disabilities. <br /> <br />5.5 The addition proposes a front yard extension of 7 feet 6 inches that requires a variance of <br />the same length. The addition also proposes a side yard extension of 5 feet 4 inches that <br />does not require a variance. The porch has a length of 36 feet along the driveway or the <br />east facing wall. <br /> <br />5.6 The City Planner has reviewed the proposal, concluding that there are no reasonable, <br />practical, or economical options available that reduce or eliminate the variance, without <br />requiring the removal of all or partial removal or the patio/terrace. <br /> <br />5.7 Section 1013.02 states: Where there are practical difficulties or unusual hardships <br />in the way of carrying out the strict letter of the provisions of this code, the city <br />council shall have the power, in a specific case and after notice and public hearings, <br />to vary any such provision in harmony with the general purpose and intent thereof <br />and may impose such additional conditions as it considers necessary so that the <br />public health, safety, and general welfare may be secured and substantial justice <br />done. <br /> <br />5.8 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 <br />strict enforcement would cause undue hardship because of circumstances unique to <br />the individual property under consideration, and to grant such variances only when <br />it is demonstrated that such actions will be in keeping with the spirit and intent of <br />the ordinance. "Undue hardship" as used in connection with the granting of a <br />variance means the property in question cannot be put to a reasonable use if used <br />under conditions allowed by the official controls, the plight of the landowner is due <br />to 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 /> <br />PF3508 - ReA 081803 - Page 3 of 5 <br />
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