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� FILE#15-3735 <br /> 14 May 2015 <br /> Page 3 of 3 <br /> According to MN§462.537 Subd. 6(�)�ariances shall only be permitted when: <br /> 1. llie variance is in harmany with the genera[intent and purpose of the Ordinance. <br /> 2. The variance is consistent with the comprehensive plan. <br /> 3. The applicant establishes that there are practical difficultfes <br /> a. The properry owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls; <br /> b. There are circumstar►ces unique to the property not created by the landowner; <br /> and <br /> c. The variance wilJ not alter the essential character of the locafity. <br /> Additionally Crty Code 78-123 provides additional parametets within which a �ariance may be <br /> granted as follows: <br /> 4. The speciaf conditions applying to the s#ructure or land in question are peculiar to such <br /> property or immediately adjoining property. <br /> 5. 7he ccmditions do not apply generally to other land or structures in the district in which <br /> the land is located. <br /> 5. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. <br /> 7. The granting of the proposed variance wili not in any way impair health,safety, comfort <br /> or morals, or in any other resped be contrary to the intent of this chapter. <br /> 8. The granting of such variance will not merely serve as a convenience to the applicant, <br /> but is necessary to alleviate demonstrable difficulty. <br /> Practical Difficulties Statement <br /> Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, <br /> and should be asked for additional testimony regarding the application. <br /> Practical DPfFiculties Analysis <br /> Staff finds practical difficulties exist to support redevelopment of this property, such as the <br /> substandard lat area and width are not the result of actions by the fandowner; the applicant is <br /> proposing to construct a new single family home which is reasonable and consistent with the <br /> camprehensive plan. The setbacks and structural coverage proposed meet the requirements of <br /> the Zoning code. The owner intencls to connect the property to City sewer. Granting fot area <br /> and iot width �ariances to redevelop this property are necessary, and will not merely serve as a <br /> convenience to the applicant. The collective area of the property appears to meet the inten#of <br /> the administrative approval. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the property owner proposes to use the <br /> property in a reasanable manner which is not permitted by an officiaf control? <br /> 2. Does the Planning Commission find tha# the variances, if granted, will not alter the <br /> essential character of the neighborhood? <br /> 3. Does the Commission find it necessary ta impose canditians in order to mitigate the <br /> impacts created by the granting of the requested �ariances? <br /> 4. Are there any other issues or concerns with this application? <br /> Staff Recommendation <br /> Planning Staff recammends approval of lat area and lot width variances; no other variances <br /> have been requested. All of the City engineer's comments shaU be addressed with the building <br /> permit application. <br />