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<br />e. The existing improvements along with proposed improvement retain a <br />minimum of 70% of the pervious surface and green space of the lot. <br />f. The proposed project creates no other setback or variance conditions. <br />g. The proposed project improves the aesthetics, covered storage, or the <br />functional use of the site. <br />h. The proposed project uses the same exterior structure materials and <br />colors as the principal structure and accessories. <br />i. The final building mass is consistent with that on contiguous <br />properties. <br />j. The building or driveway expansion/addition does not place more <br />vehicles adjacent to living quarter first floor bedrooms of adjacent <br />homeowners. <br />k. The drainage and roof gutters guide water away from the structure and <br />adjacent structures. <br />1. The roof is properly proportioned to and integrated with the roof of the <br />principal structure (dwelling) on the property. <br /> <br />6. A setback permit shall not reduce the principal structure side yard required setback by <br />more than 70% or be closer than three (3) feet to a property line. <br /> <br />7. A setback permit shall not reduce the principal structure front or rear yard required <br />setback by more than 20% or be closer than twenty-four (24) feet to a front or rear <br />property line. <br /> <br />8. A setback permit shall not reduce the accessory structure side or rear yard required <br />setback by more than 70% or be closer than three (3) feet to a property line. <br /> <br />9. A setback permit shall not reduce the setback of a driveway by more than 70% or allow <br />a driveway to be closer than two (2) feet to a property line. As an exception, driveways <br />existing prior to October 26,1998, and located closer than two (2) feet to a property line <br />may be replaced with a setback permit provided all other applicable provisions of the <br />Section are met. <br /> <br />10. The Community Development Director may add conditions to a setback permit in <br />order to mitigate the impact of the reduced setback on adjacent properties. The <br />Development Review Committee may recommend such conditions to the Community <br />Development Director; however, only the Community Development Director has the <br />authority to impose such conditions. <br /> <br />11. A contiguous property owner(s) may appeal the Community Development Director's <br />administrative decision regarding the granting of a setback permit by filing a written <br />appeal to the City Council with the City Manager within ten (10) days of the action <br />granting the setback permit. The City Council shall take up the appeal at a regular <br />Council meeting within thirty (30) days of the appeal. (The authority to hear appeals of <br />an administrative decision is given to the City Council acting as the City's Board of <br />Adjustment and Appeals through Minnesota Statute §462.354) <br /> <br />12. If the requirements listed in this Section cannot be achieved by the applicant, the <br />variance procedure (Section 1013.02) shall apply. All encroachments greater than those <br />described in this Section shall adhere to the variance procedure and shall have a <br />demonstrated physical hardship as defined by State Statute. <br /> <br />13. Properties granted setback permits under this Section shall not be allowed further <br />encroachments into the reduced setback area as allowed under subsection 1012.02B. <br />