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Last modified
7/17/2007 2:15:29 PM
Creation date
7/1/2005 10:32:48 AM
Metadata
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Template:
Planning Files
Planning Files - Planning File #
3481
Planning Files - Type
Variance
Address
420 TERRACE DR W
Project Name
SYLVIA L SIEFERMAN
Applicant
SYLVIA L SIEFERMAN
Status
Approved
PIN
012923310044
Date Final City Council Action
6/16/2003
Additional Information
FAMILY ROOM
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<br />5.6 There is no mistaking that the proposed improvements will increase the impervious <br />surface area on the parcel and impact drainage on the parcel. Whether or not a variance <br />is requested, all additions that increase building footprints do affect drainage. However, <br />the issue is not that there may be a drainage problem, but that options exist to <br />mitigate/eliminate these potential problems, such as adding gutters and properly directing <br />downspouts away from adjacent homes. <br /> <br />5.7 Section 1013.02 states: Where there are practical difficulties or lJIlUsllal hardships in <br />the way of carrying out the strict letter of the provisions of this code, the city council <br />shall have the power, in a specific case and after notice and public hearings, to vary <br />any such provision in harmony with the general purpose and intent thereof and may <br />impose such additional conditions as it considers necessary so that the public health, <br />safety, and general welfare may be secured and substantial justice done. <br /> <br />5.8 State Statute 462.357, subd. 6 (2) provides authority for the city to "hear requests for <br />varitlllcesfrom 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 <br />conditions allowed by the official controls, the plight of the landowner is due to <br />circll'tllstances unique to the property not created by the landowner, and the variance, <br />if granted, wil/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 the <br />case may be may impose conditions in the granting of variances to insure compliance <br />and to protect" <br /> <br />5.9 Staff analysis of undue hardship factors is as follows: <br /> <br />A. The property in question cannot be put to a reasonable use ifused under <br />conditions allowed by the official controls: The Sieferman parcel has limited <br />options when considering the proposed improvements. Options include <br />downsizing the front porch encroachment, reducing the size of the family room <br />addition, reducing or eliminating the future pool, elimination the reuse of the <br />existing patio, and/or elimination of the rear yard shed. The Community <br />Development Staff has reviewed the existing (immediate) site conditions, <br />adjacent property situations, and the submitted proposal to determine potential <br />impacts on adjacent properties and the neighborhood, as well as whether the <br />request is reasonable and/or practical. Staff has concluded: 1) that it is reasonable <br />and practical to allow an 8.5 foot encroachment into the front yard for a covered <br />entry. We believe that this feature will offer the home a much needed amenity <br />that does not currently exist and one that cannot be supported without a variance. <br />A reduction in the size or encroachment would hamper its usefulness and there in <br />no alternative location for a front entry porch constructed around the front door; <br /> <br />PF3481 - ReA 06/16/03 - Page 4 of 8 <br />
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