Laserfiche WebLink
Metadata
Document management portal powered by Laserfiche WebLink 9 © 1998-2015 Laserfiche. All rights reserved.
<br />5.2 Covered porches are considered an integral of a structure <br />the same setback or 30 feet from a front property line. Redesigning the existing entry and <br />replacing an existing front patio with a covered porch entry which extends to within 22 <br />feet 6 inches from the front yard property line (cul-de-sac of Maple lane Court) can <br />only be achieved with a front yard setback variance. <br /> <br />5.3 Section] 013.02 states: Where there are practical difficulties or unusual 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 />5.4 State Statute 462.357, subd. 6 (2) provides authority for the city to "hear requestsfor <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 wil/ 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 />circumstances unique to the property not created by the landowner, and the variance, if <br />granted, wil/ not alter the essential character of the locality. Economic considerations <br />alone shall not constitute an undue hardship ifreasonable usefor the property exists <br />under the terms of the ordinance.... The board or governing body as the case may be <br />may impose conditions in the granting ofvariances to insure compliance and to <br />protect" <br /> <br />5.5 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 existing setback ofthe northeast <br />comer of the living room of the Frigaard home is 24 feet from the front property <br />line, which distance currently does not meet the minimum 30 foot setback. Mr. <br />Frigaard submitted an improvement plan that proposed modifying the existing <br />porch to be slightly larger and covered with an extended roof line. Although not <br />necessary, the proposed porch is an integral component of the overall expansion <br />and upgrade of the home. The porch further affords the Frigaard's a functional <br />entry, that also protect them and guests from inclement weather. Based on our <br />analysis of the situation the Community Development Staff has determined <br />that the property can be made more livable and can be put to a reasonable <br />use under the official controls, if a variance is granted. <br /> <br />PF3495 - ReA 07/21/03 - Page 3 of5 <br />