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Last modified
7/17/2007 2:12:17 PM
Creation date
6/30/2005 11:50:00 AM
Metadata
Fields
Template:
Planning Files
Planning Files - Planning File #
3459
Planning Files - Type
Variance
Address
1760 DUNLAP ST N
Project Name
BRIAN T & JILL M BEAN
Applicant
BRIAN T & JILL M BEAN
Status
Approved
PIN
152923440025
Date Final City Council Action
4/28/2003
Planning Files - Resolution #
10090
Additional Information
LIVING AREA & ATTACHED GARAGE
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<br />5.7 In the past, Staff has reviewed and forwarded to the Commission and Council a number of <br />front yard and/or exception variance requests, including Meade, 388 South McCarrons <br />Boulevard, 16.5 feet - 13.5 foot variance; Graham, 671 Shryer Avenue, 28 feet - 12 foot <br />variance; Wilson, 3107 West Owasso Boulevard, 17 feet - 13 foot variance; and Vazquez, <br />812 Lovell Avenue, 22.5 feet - 7.5 foot variance. All of these variance requests were <br />supported by the Planning Commission and City Council, with the Graham request being <br />the most similar to the Bean request. <br /> <br />5.8 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 general <br />welfare may be secured and substantial justice done. <br /> <br />5.9 State Statute 462.357, subd. 6 (2) provides authority for the city to "hear requests for <br />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 means <br />the property in question cannot be put to a reasonable use if used under conditions <br />allowed by the official controls, the plight of the landowner is due to circumstances unique <br />to the property not created by the landowner, and the variance, if granted, will not alter <br />the essential character of the locality. Economic considerations alone shall not constitute <br />an undue 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 conditions in the <br />granting of variances to insure compliance and to protect" <br /> <br />5.10 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 Bean home, given its current <br />configuration and location on the parcel, is unable to expand outward (increased <br />footprint) without receiving approval of two variances. Requiring a detached <br />garage with a long driveway or a double loaded single stall attached garage, still <br />with a narrow width, are not reasonable options. The Community Development <br />Staff has determined that the property can be made more livable and put to <br />a reasonable use under the official controls if a variance is 2ranted. <br /> <br />PF3459 - RPCA 040203 - Page 4 of6 <br />
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