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2006_0925_Packet
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2006_0925_Packet
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Appeal Letter to the City of Roseville <br />September 15,2006 <br />Page 4 <br />provision in harmony with the general purpose and intent thereof and may impose <br />such additional conditions as it considers necessary so that the public health, <br />safety, and general �wel.fare may be secured and substantial justice done. <br />Section 1013.02, Roseville City Code (emphasis supplied). <br />In this case, the Applicants' application for the current setback variances made <br />absolutely no mention of a variance based on "the hardships" of the situation. Rather, it <br />was strictly based on the "practical difficulties" of building a traditionally styled and <br />designed hoine on the uniquely shaped lot. Yes, a home can be built on this lot without <br />any variances, but the unique design of such a home is off putting to potential buyers and <br />would result in a uniquely designed and potential very odd appearing home. The unique <br />structure of this parcel of land creates practical difficulties in the design of a home and <br />the ability to sell or utilize the lot to build a l�ome. This situation is on all fours wiili tlze <br />concept of practical difficulties. The Applicants are hard pressed to think of a situation <br />more directly on point with meeting the practical difficulties standard of the Roseville <br />City Code. <br />No less than six (6) potential purchase agreements have fallen through on the lot <br />because of the limitations the lot shape places on a standard honie design. In addition, <br />the Applicants are advised by their real estate sales agent that there are several persons <br />interested in building a home on this lot once the current application for variance is <br />approved. <br />When the Minor Subdivision was approved in 2005, the Planning Commission <br />and the City Council specified that the "hardships being the responsibilities of tlie <br />owner." `���e Council did not specifically state that the issues related to "practical <br />difficulties" with the use of the lot were the responsibility of the owner, nor did tlie <br />Council specifically dete�mi��e that future variances requested due to practical <br />difficulties would be automatically denied. <br />In this case City Staff has determined ti�at there are practical difficulties in the <br />ability to i�nprove the lot wiil� a traditionally styled single family ho�ne and thus there <br />exist practical difficulties in the way of carrying out the strict letter of the provisions of <br />the City Code regarding setbacks for this parcel. <br />T�ere the City Council could have specifically said (�ust as the City Code very <br />specifically states) that either "practical difficulties or hardshibs are the responsibility of <br />the owner." It did not do so. It mentioned only one half of the specific parameters set <br />forth in Section 1013.02 of the Roseville City Code. Therefore, the Council znay <br />properly grant the Applicant's currently requested variance i3otwithstanding any language <br />of the Resolution by which the Minor Subdivision was approved. <br />
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