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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 />Section 1013.02 states: Where there are practical difficulties or unusual <br />hardships in the way of caring out the strict letter of the provisions of this <br />code, the city council shall have the power, in a specific case and after notice <br />and public hearings, to vary any such provision in harmonv with the general <br />purpose and intent thereqf and may impose such additional conditions as it <br />considers necessary so that the public health, safety, and general welfare may <br />be secured and substantial ;ustice done. <br /> <br />Further listed (quoted) below that --also in bold-- is the applicable State Statute that <br />empowers Roseville's Ordinance: <br /> <br />State Statute 462.357, sub. 6 (2) provides authority for the city to "hear <br />requests for variances from the literal provisions of thee ordinance in <br />instances where their strict enforcement would cause undue hardship <br />because of circumstances unique to the individual property under <br />consideration. and to grant such variances only when it is demonstrated that <br />such actions will be in keeping with the spirit and intent of the ordinance. <br />"Undue hardship as used in connection with the granting of a variance <br />means the property in question cannot be put to reasonable use if used under <br />conditions allowed by the official controls, the plight of the landowner is is <br />due to circumstances unique to the property not created by the landowner, <br />and the variance if granted, will not alter the essential character of the <br />locality. Economic considerations alone shall not constitute an undue <br />hardship if reasonable use for the property exists under the terms of the <br />ordinance....The board or governing body as the case may be may impose <br />conditions in the granting of variances to insure compliance and to protect." <br /> <br />Please take note of the use of the terms 'practical difficulties'. 'unusual <br />hardships'. and 'substantial justice done': then. look at the applications of <br />those terms in the Community Development Staff's Report. <br />Aside from being a 'pro-active' or 'supportive report' in which attempts are <br />made to 'shoehorn' the 'druthers' (personal preference or free choice) of Ms. <br />Rose into somehow meeting standards defininp 'undue hardsWp' <br />tWs report is fraught with error. Issues of cost-function-design are not the <br />stuff 'undue hardship' is made of. Ms. Rose had the same opportunity that <br />had to be aware of zoning issues. and by buying the property she also <br />'bou1!ht intow the ordanance as it existed! <br />THIS REPORT DID NOT CONTAIN A SINGLE PHOTO OR <br />PERSPECTIVE FROM EITHER OF THE TWO CONTIGUOUS <br />NEIGHBORS! I HAVE INCLUDED SUCH PHOTOS, AND USING THE <br />CITIES PHOTO SHOWING 988'S ESTIMATED OUTWARD GROWTH, I <br />HA VE TRIED TO SHOW BY SIMILAR USE OF PHOTO MY LOSS OF <br />VIEW ANDD PPRIV ACY! <br />For example: Ms. Rose does not wish to add to the North side of her home as it <br />would interfere with her view of Lake Bennett and would cause the loss of <br />
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