01-20-2004 Planning Packet - Laserfiche WebLink

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•04-2M9 Jaanary 20.2004 ra|*0»fl The Planning Commission should discuss wih the applicant the need of the proposed decks, porch and 4-car garage and deienninc if a re-design incorporating a smaller porch and deck, and smaller garage area is u-arTanied. The Planning Commission should also consider that a full 2 stor>' isn't proposed and could potentially be an ideal way to reduce hardcov*er on the property. Staff would make the following recommendations in regards to the criteria for “undue hardship” pertinent to this application: 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." Lot area and u idth variances are required in order to build a new residence which is an inherent right the property owner has The lot could be rebuilt at the required 25% hardcover, however, the strict enforcement of this requirement max' not be reasonable on this lot. 2. "The plight of the landowner is due to circumstances unique to his propertv not created by the landowner." ' The challenging topography of the lot is a circumstance unique to the propertv and not a condition which the landowner created The requested hardcover ' variance is a circumstance which the landowner has control over. •^c variance, if granted, will not alter the essential character of the locality " The granting of a lot area and width variance will not alter the character of the l^ahty as many of the lots in this / acre zone do not meet the I acre requirement To what e.xtent a hardcover variance is granted, may alter the neighborhood with regard to 5err//i^ precedent 'Economic considerations alone shall not constitute an undue hardship if “““ "" ■ •Undue haidslup also includes, but is not limited to. inadequate access to direct stinltght for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes. Section I I6J.06. Subd 2 when in harmony with this Chapter." Xot applicable "The Board of .Appeals and Adjustments or the Council mav not permit as a =e“S« The rues ihe opplicani has propose J are uses allou eJ by she zoning disirici and as such variances can be granted to those uses -The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." 3. •04-2969 JiBHary 20.2004 Page 7 of• /Vb/ applicable 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The challenging topography is a condition which is peculiar to the property The Planning Commission should discuss whether there are any special conditions applying to the existing house, where that applicant has proposed to use the foundation, which might warrant a hardcover variance 9. "The conditions do not apply generally to other land or structures in the district in which said land is located.” It is of staff's opinion that this criterion is met. 10. "The granting of the application is necessary for the preserv ation and enjoyment of a substantial property right of the applicant." The granting of a lot area and width variance is necessary ’ for the applicant to construct a new home, which is a substantial property right of the applicant The granting of a hardcover variance is not a substantial properly right of the applicant, however a reasonable hardcover variance might be Justified due to the hardships noted earlier in this report 11. “The granting of the proposed variance w ill not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." It b of staff's opinion that this criterion is met 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." The granting of lot area and width variances are necessary to alleviate the hardship which exists due to the lot exbting in a I acre zoning district and only being 0.527 acres The granting of a hardcover variance, and to what extent, nuty sen e as a convenience to the applicant Issues for Consideration 1. Arc there any hardships to support any amount of a hardcover variance? 2. To what e.xtent should the proposed hardcover by further reduces? 3. Should the deck/pordi garagc be reduced in an effort to further reduce hardcover? 4. Should the applicant consider a 2*^ sioiy? 5. Are there any other issues or concerns with this application? Staff Recommendation Staff recommendations: 1. Approval of a lot area variance to allow construction of a new residence on a lot which is 0.527 acres in size when 1 acre is normally required. 2. Approval of a lot width variance to allow construction of a new residence on a lot