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2020_0511_CCPacket
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2020_0511_CCPacket
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Roseville City Council
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Council Agenda/Packets
Meeting Date
5/11/2020
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ATTACHMENT D ATTACHMENT AATTACHMENT B <br />Attachment E <br />38 WHEREAS, City Code §1009.04 (Variances) establishes the purpose of a variance is "to <br />39 permit adjustment to the zoning regulations where there are practical difficulties applying to a <br />40 parcel of land or building that prevent the property from being used to the extent intended by the <br />41 zoning;" and <br />42 WHEREAS, the Variance Board has made the following findings: <br />43 a. The proposal is consistent with the Comprehensive Plan. The Roseville 2030 Comprehensive <br />44 Plan encourages the City to promote preservation, replacement, and addition of trees in the <br />45 community, as well as to promote well planned and coordinated development. The Variance <br />46 Board finds the proposal to construct a modest, well thought-out, designed, and situated home <br />47 on the lot at 907 Burke Avenue that preserves numerous trees and installs the maximum number <br />48 of trees consistent with tree planting standards, is consistent with these Comprehensive Plan <br />49 Policies. <br />50 b. The proposal is in harmony with the purposes and intent of the zoning ordinances. The intent of <br />51 §1011.04 Tree Preservation and Restoration in All Districts is to preserve as many trees as <br />52 possible and to replace those trees removed. In 2014, however, §1011.04 was amended to <br />53 include stricter standards. Three of these standards, inclusion of all non-invasive trees, a <br />54 replacement multiplier effect, and a mandatory replacement or a required fee have made <br />55 development of single-family homes on wooded lots challenging. The Variance Boardhas <br />56 reviewed the proposed plan by the Whitcomb’s and finds the proposed home, and its tree <br />57 removal, to be designed in good faith and meets the intent of §1011.04. <br />58 c. The proposal puts the subject property to use in a reasonable manner. The Variance Board <br />59 finds the proposal makes reasonable use of the subject property given the professionally <br />60 prepared tree preservation and home placement plans. The new home is not excessively large, <br />61 complies with all other Code requirements, and limits removal to 6 of 22 trees. In light of this, <br />62 the Variance Board finds, in this instance, the requirements of §1011.04.J.8 to be overly rigid, <br />63 limiting home design and placement on a wooded lot. Furthermore, the Variance Board views <br />64 the consequences of §1011.04.J.8 to be burdensome for single-family residential construction, <br />65 no matter how well-intentioned this requirement was when adopted. <br />66 d. There are unique circumstances to the property which were not created by the landowner. The <br />67 unique circumstance of this request is more directly related to the requirements of §1011.04 of <br />68 the Zoning Code than it is to a unique characteristic of the property. However, one could <br />69 observe that having a wooded lot is a unique circumstance for a residential lot in Roseville. That <br />70 said, §1011.04 and the heightened requirements of §1011.04.J.8 amended into Code in 2014 <br />71 create unintended consequences for single-family homeowners with wooded lots. Although the <br />72 Whitcomb’s are removing just 6 trees, three are heritage trees that have a 2 to 1-inch multiplier. <br />73 The end result of removed trees versus preserved trees is a requirement to plant 77 caliper <br />74 inches of trees or 26 trees 3 caliper inches in diameter. While planting 26 trees may appear to <br />75 be unassuming, the process is cumbersome when combined with the process of building a new <br />76 home and the fee for not seeking out lots to plant the trees is overly burdensome for a residential <br />77 property owner’s home construction budget. Lastly, and maybe more importantly, the proposed <br />78 home cannot physically be built anywhere else on the property to avoid removal of the heritage <br />79 trees that are causing the replacement figure to be so extensive. <br />80 e. The variance, if granted, will not alter the essential character of the locality. The Variance <br />81 Board has determined the requirements of §1011.04, and more specifically §1011.04.J.8, were <br />82 not developed, nor intended, to be unreasonable or burdensome to single-family home owners <br />83 building homes on vacant wooded lots. With that said, this variance seeks allowance to plant 3 <br />Page 2 of <br /> <br />
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