2005_0822_Packet - Laserfiche WebLink

Home

provisions of this code, the Variance Board shall have the power, in a specific case and after notice and public hearings, to vary any such provision in harmony with the general purpose and intent thereof and may impose such additional conditions as it considers necessary so that the pub�ic health, safety, and general welfare may be secured and substantial justice done. 5.7 State Statute 462.357, s�bd. 6(2) provides authority for the city to "hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance....The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect" 5.8 The property in question cannot be put to a reasonable use i f used under conditions allowed by tlze official controls: The Official Controls of the City prescribe that all single family residential parcels be a rr�iz�i��nurn of $S feet in width, 110 feet in depth and 11,000 s.f. in size. Mr. Iliff has a pre-existing lot that is up to 135 feet in degtl� along the south side, and 327 feet in width. Mr. Iliff proposes to create two parcels, both n3ee� frontage and depth, but one, does not meet the lot size requirement — if it is considered a comer lot. The Community Development Staff has determined that the oddly shaped vacant corner property can be put to a reasonable and practical use under the official controls if the appropriate variances are granted. 59 The plight of the landowner is due to circumstances unique to the property not created by the landowner: The Iliff situation is unique because of its odd shape and double frontage. Most double frontage parcels in Roseville place the rear yard adjacent to collector or arterial roadways such as County Road B or C. In the past five years, the City has approved land division for a few double frontage parcels, including the Beauclaire lots at 1758 A�ta Vista and 1757 Dale Street. The Community Development Staff has determined that the plight of the landowner is due to circumstances unique to the odd shaped property not created by the landowner. 5.10 The variance, ifgranted, will not alter the essential character of the locality: Although approving this variance would create a parcel that has an odd shape and RCA PF365S(082205} -Page 4 of 12