03-21-2016 Planning Commission Packet

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FILE#16-3812 ' March 16,2016 Page 3 of 5 harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when (staff commentary in bold type): 1. The variance is in harmony with the general intent and purpose of the Ordinance. Single family residences are a permitted use within the RR-16 zoning district. The intent of the average lakeshore setback ordinance is to preserve take views enjoyed by adjacent property owners. Planning Commission must determine whether the variances if granted would meet this intent. 2. The variance is consistent with the comprehensive plan. The existing structure and proposed additions are associated with residential use which is consistent with the comprehensive plan guiding of this and surrounding properties for residential use. 3. The applicant establishes that there are practical difficulties a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The property owner is proposing to use the property in a reasonable manner but the specific location aspects of the request are not permitted by the Zoning Code. b. There are circumstances unique to the property not created by the landowner. The plight of the property owner is due to the location of the neighboring residence to the immediate south which is unusually distant from the lakeshore,a condition not caused by the applicants; and c. The variance will not alter the essential character of the locality. In the opinion of staff the proposed additions will not alter the character of the neighborhood. City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The condition of lakeshore lots being subject to the average setback regulations is common to all lakeshore lots; the location of the neighboring residence structure very distant from the lakeshore is an unusual condition affecting few other lots in the neighborhood. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The standards applicable to this property apply to all other lakeshore property in the neighborhood; the existing location of the neighboring residence structure makes it impossible to expand the applicants' residence while meeting the conditions imposed by the City ordinance. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. In the opinion of staff,the property rights of the owner will be diminished if the variances are denied, since expansion of the residence meeting all other City code provisions could not occur. 7. The granting of the proposed variances will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting of the variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code.