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Last modified
7/17/2007 2:05:43 PM
Creation date
6/29/2005 11:35:22 AM
Metadata
Fields
Template:
Planning Files
Planning Files - Planning File #
3536
Planning Files - Type
Variance
Address
998 BROOKS AVE W
Project Name
CHARLES B & KARA K ROSE
Applicant
CHARLES B & KARA K ROSE
Status
Approved
PIN
112923230053
Date Final City Council Action
2/23/2004
Date Final Planning Commission Action
1/7/2004
Additional Information
PORCH AND DECK
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<br />of the home and the options available. A deck or porch on the rear of the home would <br />also require a variance (18 feet) and location the deck/porch in the front or side yard is <br />not a practical or reasonable solution and would require a variance to allow in a front <br />yard. <br /> <br />5.5 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 />5.6 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 />5.7 Staff analysis of undue hardship factors is as follows: <br /> <br />A. The property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls: The Rose parcel is afforded an option <br />( east side) that meets the required setback of the Roseville City Code, but this <br />location is impractical and unreasonable due to it being on the opposite side of the <br />living/entertaining rooms of the home. Ms. Rose could also construct a second <br />story and remodel the existing main floor at considerably more expense; however, <br />the addition is also impractical and unreasonable. The Community <br />Development Staff has determined that the property can be made more <br />livable and can be put to a reasonable use under the official controls, if an 11 <br />foot VARIANCE to Section 1004.02D4 is granted. <br /> <br />B. The plight of the landowner is due to circumstances unique to the property not <br />created by the landowner: Comer lots are the most difficult to develop and <br /> <br />PF3536 - RPCA 020404 - Page 3 of 5 <br />
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