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FILE�15-3792 <br /> November!2,2075 <br /> Page 3 of 5 <br /> council may not permit as a variance any use that is not permitted under this chapter for <br /> property in the zane where the affected person's land is �oca#ed. The board or council rnay <br /> permit as a variance the temporary use of a one-family dweNing as a two-family dwelling. <br /> According to MN§462.537 Subd. 6(2}variances shall only be permitted w4�en: <br /> 1. The variance is in harmorry with the general intent and purpose of the Ordinance. <br /> 2. The variance is consistent with the comprehensi�e plan. <br /> 3. The applicant establishes that there are practical di�culties <br /> a. �he property owne� proposes to use the property in a reasonable manner not <br /> permitted by the ofFicial controls; <br /> k�. There are circutt�stances unique to the property not createc! by the landowner; <br /> and <br /> c. The variance will not alter the essential character of the locality. <br /> Additionally Clty Code 7&123 provldes additional parameters within which a variance may be <br /> grantecf as follows: <br /> 4. The special conditions applying to the structure or land In question are pecuiiar to such <br /> properry or lmmediately adjoining properly. <br /> 5. The conditions da not apply generally to other land or structures in the district in which <br /> the land is located. <br /> 6. 7he granting of the application is necessary for the preservation and enjoyment af a <br /> substantial property right of the applicant. <br /> 7. me granting of the proposed variance wiU not in any way impair health, safety, comfort <br /> ar morals,or in any other respect be contrary to the Intent of this chapter. <br /> 8. The granting of such variance wiA not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty. <br /> (b} The board ar council may impose conditions in granting af variances. Any conditions <br /> imposed must be directly related to and must bear a rough proportfonality to the impact <br /> created by the variance. No variance shall be granted or changed beyond the use permitted in <br /> this chapter in the district where such land is located. <br /> Hardcover Variance: <br /> This property was the subject of variances to allow a teardown/rebuild in 1987.The appro�al at <br /> that time limited the property to 2138 s.f. hardcover including the 0-75' and 75-250' zones. The <br /> property currently contains 2,95fi s.f. or 31.9 96 of hardcover overall, the majority of which is <br /> outside the 0-75' zone. The difference in what was approved in 1987 and what exists today is <br /> primarily En the bituminous par[c�ng area north of the garage, which appa�entty was added at <br /> some point since 1987. The existing 16'x24' (388 s.f) detached garage is seroed by a short <br /> driveway, forcing the owner to back out into trafFic on Shadywood Road. The addltional paved <br /> area existing along the north side of the garage provides for additional parking. Attaching a <br /> garage as proposed and rernoving the detached garage will result in an overafl increase in <br /> hardco�er on the property of 308 s.f. H�wever, the proposed dri�eway shown on the survey is <br /> being minimized to the greatest extent possible (11'wide as proposedj while providing for an 80 <br /> s.f. backup apron which is entirely appropriate given the poor sight distance and undesirability of <br /> backing onta Shadywood. The proposed site plan wiH allow for greater safety for the property <br /> owners. <br /> Structural Coverage Variance: <br /> Structural coverage is praposed to increase by 98 s.f., from approximately 1713 s.f. to 18Z1 s.f., <br /> or from 18.5% to 19.5%. 'i'he property at less than 10,000 s.f. in area is allowed 1500 s.f. of <br />