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2002_1216_packet
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2002_1216_packet
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5.3 The attached garage is a better solution then constructing a larger detached accessory <br />building and needing to add large portions of pavement for access to Simpson Street <br />5.4 The current attached garage proposal uses the same location as the existing attached <br />garage. The proposed addition is a much deeper and larger garage than the existing <br />attached garage, and the structure will rise approximately four feet above the current <br />roofline of the existing home. <br />5.5 The long wa11 span on the west side of the attached garage should include windows to <br />break-up the mass and starkness of the wall. <br />5.6 Gutters should be added to the addition to properly channel roof drainage. <br />5.7 The rear yard items, including the pool and patio existed before the Code amendment in <br />1999, which included language limiting residential properties to a 30% impervious <br />coverage. <br />5.8 Section 1013.02 states: Where there are practical difficulties or unusual hardships in the <br />way of carrying out the strict letter of the provisions of this code, the city council sha11 <br />have the power, in a specific case and after notice and public hearings, to vary any such <br />provision in harmony with the general purpose and intent thereof and may impose such <br />additional conditions as it considers necessary so that the public health, safety, and <br />general welfare may be secured and substantial justice done. <br />5.9 State Statute 462.357, 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 circumstances unique to the <br />individual property under consideration, and to grant such variances only when it is <br />demonstrated that such actions will be in keeping with the spirit and intent of the <br />ordinance. "Undue hardship" as used in connection with the granting of a variance means <br />the properiy in question cannot be put to a reasonable use if used under conditions <br />allowed by the official controls, the plight of the landowner is due to circumstances <br />unique to the properiy not created by the landowner, and the variance, if granted, will not <br />alter the essential character of the locality. Economic considerations alone shall not <br />constitute an undue hardship if reasonable use for the properiy exists under the terms of <br />the ordinance....The board or governing body as the case may be may impose conditions <br />in the granting of variances to insure compliance and to protect" <br />5.10 Staff analysis of undue hardship factors is as follows: <br />A. The property in question cannot be put to a reasonable use if used under <br />conditions allowed by the offtcial controls: The Prokop's have an existing legal <br />non-conforming coverage issue on their parcel that requires them to obtain a <br />variance for any increase in building footprint or paved surface. The Prokop <br />proposal seeks to add a more functional garage for vehicles and storage of family <br />PF3443 -RCA 121602 -Page 3 of 5 <br />
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