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Last modified
7/17/2007 2:27:37 PM
Creation date
8/17/2005 11:33:46 AM
Metadata
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Template:
Planning Files
Planning Files - Planning File #
3442
Planning Files - Type
Conditional Use Permit
Address
2749 Woodbridge St
Project Name
Knudson, Oscar
Applicant
Knudson, Oscar
Status
Approved
PIN
012923440004
Date Final City Council Action
12/16/2002
Date Final Planning Commission Action
12/4/2002
Planning Files - Resolution #
10063
Additional Information
CUP and Variance; Res 10063 & 10064
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<br />5.7 Section 1013.02 requires the applicant to demonstrate a physical hardship and to <br />demonstrate that no practical alternatives exist that would reduce the need for a variance. <br />Variance may be granted where the strict enforcement of the literal provisions of the <br />ordinance would cause "undue hardship". The granting of a variance shall only occur <br />when it can be demonstrated that such an action will be in keeping with the spirit and <br />intent of the ordinance. <br /> <br />5.8 "Undue hardship" as used in connection with the granting a variance means the property <br />in question cannot be put to a reasonable use if used under conditions allowed by the <br />official controls, the plight of the land owner is due to circumstances unique to the <br />property not created by the land owner, and the variance, if granted, will not alter the <br />essential character of the locality. Specifically to this request: <br /> <br />A. The property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls: Mr. Knudson's property can be put to <br />a reasonable use under the official controls. However, the strictness of the <br />Roseville City Code in this situation would require the 230 square foot attached <br />storage building to be removed, which Staff has determined to be harsh given the <br />allowance of a 120 square foot garden shed that's size would be greater that that <br />being sought under this CUP and variance request. The Community <br />Development Staff has determined that the property can be put to a <br />reasonable use under the official controls if conditional use permit and <br />variance are granted for the 230 square foot attached storage building to <br />remain. <br /> <br />B. The plight of the land owner is due to circumstances unique to the property not <br />created by the land owner: Although Mr. Knudson has the option to remove the <br />storage building and install a garden shed, the attached 230 square foot accessory <br />structure is an integral component of the much larger detached accessory building. <br />This plight is not necessarily unique to the property and is wholly created by the <br />property owner. However, the Community Development Staff has determined <br />that granting the variance and limiting Mr. Knudson to one detached <br />accessory structure versus at least two allowed by Section 1004.01A of the <br />City Code and limiting said detached accessory structure to 1,094 square feet <br />reduces the general impacts of the use. <br /> <br />C. The variance, if granted, will not alter the essential character of the locality: <br />The combined total of detached accessory buildings (1,094 sq. ft.) would not alter <br />the essential character or the locality, nor adversely affect the public health, safety, <br />or general welfare, of the city. The Community Development Department has not <br />received opposition to Mr. Knudson's request. <br /> <br />5.3 The Community Development Staff has also reviewed the development proposal with <br />regard to the conditional use permit criteria in Section 1013.0l.D of the Roseville Zoning <br />Ordinance and concludes the following: <br /> <br />PF3442 - ReA ] 2] 602 - Page 4 of 6 <br />
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