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2006_1009_Packet
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2006_1009_Packet
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provisions of this code, the Variance Board shall have the power, iee a specific <br />case and after notice and public hearings, to vary any such provision in <br />harmony with the general purpose and intent thereof and may impose such <br />additional conditions as it considers nacessa�y so that the �aub�i�c health, <br />safety, and general welfare may be secured and substantial justice done. <br />5.7 State Statute 462.357, subd. 6(2) provides authority for the city to "hear <br />requests for variances from the literal provisions of the ordinance in <br />instances where their strict enforcement would cause undue hardship <br />because of circumstances unique to the individual property under <br />consideration, and to grant such variances only when it is demonstrated that <br />such actions will be in keeping with the spirit and intent of the ordinance. <br />"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 <br />under conditions allowed by tlie official controls, the plight of the landowner <br />is due to circumstances unique to the property not created �� the landowner, <br />and the variance, if granted, will not alter the essential character of the <br />locality. Economic considerations alone shall not constitute an undue <br />-� � � hardship if reasonable use for the property exists under €h� terms of the <br />oz•dinane�.,.,T1�e board or governing body as the case may he may impose -- <br />�� conditions in the granting of variances to insure compliance and to protect" <br />5.8 The property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls: The Official Con�•o�s of the City _ <br />prescribe that all single family residential parcels be a minimum of 85 feet in <br />width, 110 feet in depth and 11,000 s.f. in size. Mr. I1iff has a pre-existinglot that <br />is up to 135 feet in depth along the south side, and 327 feet in width. Mr. I1iff <br />proposes to create two parcels, both meet f�or€tage and depth, but one, does not <br />�eat the lot size requirement – if it is considered a comer lot. Th e Community -- <br />Development Staff has determined that the oddly shaped vacant corner <br />property can be put to a reasonable and practical use under the official <br />controls � the appropriate variances are granted. <br />59 Tlze pl#glxt of tho landowner is due to circumstances ur�ique to tlie property not <br />created by the laridoyvne��: The I1iff situation is unique because of its odd shape <br />and double frontage. Most double frontage parcels in Rosevilleplace the rear <br />yard adjacent to collector or arterial roadways such as County Road B or C. In the — <br />past five years, �11e City has approved land division for a few double frontage <br />parcels, including the Beauclaire lots at 1758 Alia Vista and 1757 Dale Street. <br />The Community Development Staff has determined that the plight of the <br />landowner is due to circumstances unique to the odd shaped property not .. <br />created by the landowner. _ <br />5.10 Tlre variance, if�rarl�ted, will not alter the essential character of f{ie locality: <br />Although approving this variancewould create a pa�ec� that has an odd shape and ,_, <br />RCA PF3G55{(�82Z45} -Page 4 of 12 <br />
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