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2006_1009_Packet
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2006_1009_Packet
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4.2 State Statute462.357, subd. 6(2) provides authority for the city to "hear requests for <br />variances from the literal provisions of the ordinance in instances where their strict <br />enforcement would cause undue hardship because of circuinstances unique to the <br />individual property under consideration, and to grant such variances only when it is <br />demonstrated that such actions will he in keepingwith the spirit and intent of the <br />ordinance. 'Undue hardship' as used in connection with the granting � a variance <br />means the property in question cannot be put to a reasonable use if used under <br />conditions allowed by the officialcontrols, the plight of the landowner is due to <br />circumstances unique to the property not created by the landowner, and the <br />variance, if granted, will not alter the essential character of the locality. Economic <br />considerations alone shall not constitute an undue hardship if reasonable use for the <br />property exists under the terms of the ordinance ... The board or governing body as <br />the case may he may impose conditions in the granting of variances to insure <br />compliance and to protect", <br />STAFF COMMENTS C3 N VA.RIANCE CRITERIA: <br />43 The �li�ht of the landow��c�- is due to circumstances �niQUe to the rLrnpe� not <br />created l�v the landowner: Designinga homeon this uniquelyshapedparcel is a <br />challenge and one that has not been able to be overcome by 6 potential o�zerlbui�ders. <br />Though previous statements and the previous approval of the parcel were predicatedon a <br />house design that could meet all required setbacks, the uniquely shaped parcel and its <br />required setbacks restrictdesign and functional use of the parcel for �or�e/gara�e <br />up�r oses. The Planning Division has concluded that the plight of the landowner is <br />due to circumstances unique to the property, which uniqueness is better addressed <br />through the granting of a 15 foot front yard VARIACE. <br />4.4 The �roue�-tv� in c��esiio� cannot be nut to a reasonable �,se � used ux�der cnr�ditions <br />allowed bv the official controls: The City Planner eane�udes that the r�q�ired front yard <br />or rear yard setback is too restrictive to accommodate a functionally designed home of a <br />modest size on the parcel. The Planner has further concluded that a VARIANCE to the <br />required front yard setback of 15 feet would provide greater deszg,x� flexibility and afford <br />the eventual purchaser enough latitude to construct a home and attached garage. The <br />Planning Division has concludedthat the property can be put to a reasonable use <br />under the official controls if a 15-foot'���,A,N'C� to ��004.016 (Residential <br />Dirxzensiona�Reqnirements—FrontYard Setback) is granted. <br />Pf�� E..���, ..h� �r�����r� 3 �•r � <br />
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