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Last modified
7/17/2007 2:12:52 PM
Creation date
6/30/2005 2:06:14 PM
Metadata
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Template:
Planning Files
Planning Files - Planning File #
3462
Planning Files - Type
Variance
Address
1251 ROMA AVE W
Project Name
GERALD A & BETH M VOERMANS
Applicant
GERALD A & BETH M VOERMANS
Status
Approved
PIN
152923430017
Date Final City Council Action
4/28/2003
Date Final Planning Commission Action
4/2/2003
Additional Information
LIVING AREA, SIDEWALK, ENTRY STOOP
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<br />5.2 An option, though not a practical solution, could be to construct a second story. <br />However, this addition would entail major architectural design and engineering, <br />inconvenience, and added cost. A second story also does not address existing rooms and <br />their limited size compared to current standards. <br /> <br />5.3 Staff has reviewed the proposal and determined that there are no reasonable options <br />available to V oermans and that reducing or eliminating the proposed sidewalk would take <br />away from the character and usefulness of the home. <br /> <br />5.4 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 />5.5 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 <br />means 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 <br />unique to the property not created by the landowner, and the variance, if granted, will not <br />alter the essential character of the locality. Economic considerations alone shall not <br />constitute an undue hardship if reasonable use for the property exists under the terms of <br />the ordinance....The board or governing body as the case may be may impose conditions <br />in the granting of variances to insure compliance and to protect" <br /> <br />5.6 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 V oermans home and site is <br />unable to reasonably expand to meet their growing needs without a variance due <br />to parcel coverage restrictions. Requiring modifications from the proposal take <br />away from the character and usefulness of the home and site. The Community <br />Development Staff has determined that the property can be made more <br />livable and put to a reasonable use under the official controls if a variance is <br />2ranted. <br /> <br />PF3462 - ReA 042803 - Page 3 of 5 <br />
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