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FILE#16-3811 <br /> March 17,2016 <br /> Page3of5 <br /> Goverr:i�g Reg�latior:s:Na::anc�(.�..�c.��-��?}. <br /> !n rev/ewing applicutions for variance, the Planning Commissivn shali consider ihe effect of the <br /> proposed variance upon the health,safety and welfare of the community,exrsting and anticiprrted <br /> tra�c conditions, light and air, danger of fire, risk to the public safety, ond the effect on values of <br /> property in the surrounding area. The P/anning Commission shal! consider recommending <br /> opprova!for variances from the litera!provisions of the Zaning Code i»instances where their strrcc <br /> enforcement would cause practicaJ difficulties because of circumstances unJque to the individua! <br /> property under considerution, and shall recommend approva! only when it is demonstraied that <br /> such actions will be In keeping with the spirir and intent of the Ororro Zoning Code. Economic <br /> considerations aione do not constitute practical difficulties. Practical difficulties also include but <br /> are nat limited to inadequate access to direct sunlight for solar energy systems. Variances shall <br /> be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in <br /> harmony with this chapter. The board or the council may not permit as a variance any use that is <br /> not permitted under this cMapter for property in the zone where the affected person's land is <br /> located. The baard or council may permit as a variance the temporary use of a one-family <br /> dwelling as a two-family dwelling. <br /> According to MN §462.537 Subd. 6(2) variances shall only be permitted when (staff commentary <br /> in bold type): <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. Single <br /> family residences are a permitted use within the LR-iC zoning dist�ict. <br /> 2. The variance is consistent with the comprehensive plan. The proposed resldential <br /> prtnclpa!structure is a residentlal use wfiich is consistent with the comprehensive plan <br /> guiding of this and surrounding properties for residential use. <br /> 3. The applicant establishes that there are practical difficulties <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls; The property owner ls proposing to use the <br /> property in a reasonable manner but the size of the fot is below the minimum <br /> fot size standards of tfie Zoning Code. <br /> b. There are circumstances unique to the property not created by the Iandowner. <br /> The piight of the praperty owner is due to the extsting substandard fot size, <br /> whicfi is a result of the property being platted as part of the Navarre Heights <br /> subdlvislon in 1909,long before local zonin,g codes were in effed; and <br /> c. the variance will not alter the essential character of the locality. The Navarre <br /> Heights neighborhood consists of lots typicalty 50 feet in wldth and 130-145 <br /> feet In depth. Over time these lats heve been developed for indivldual homes <br /> singly or in combinattons of 2 or 3 lots together. In the opinion of staff, <br /> construdion of a single family residence on a single lot in thls nelghborhood <br /> wlll not be inconsistent with the character of the surrounding neighborhood. <br /> City Code 78-123 provides additional parameters within which a variance may be granted as <br /> follaws: <br /> 4. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately acfjoining property. The lot slze and hardcever restrictions <br /> applying to this property are similar to those of other properties in the netghborhood, <br /> and there are many similar sized developed lots in the neighborhood. <br />