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FILE#16-3814 <br /> March 15,2016 <br /> Page 3 of 5 <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. <br /> Single family homes and the associated amenities are permitted uses in the RR- <br /> 1B district. The area, width and setback variance if granted would allow <br /> construction of a single family home on the property. <br /> 2. The variance is consistent with the comprehensive plan. The proposed new <br /> residence structure is consistent with the comprehensive plan guiding of this and <br /> 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 is proposing to use the <br /> property in a reasonable manner but the specific locallon and size aspects of <br /> the request are not permitted by the Zoning Code. <br /> b. There are circumstances unique to the property not created by the landowner. <br /> With respect to lot area and width, the substandard lot in single separate <br /> ownership is a circumstance inherent to the lot and not created by the <br /> landowner. Until 2011, a single family residence existed on the property. <br /> The setback variances are a function of the RR-1B District setbacks being <br /> appropriate for the standard 2-acre RR-1B lot, but extremely limiting when <br /> applied to smaller existing lots of record; and <br /> c. The variance will not alter the essential character of the locality. There are both <br /> smaller and larger developed lots in the immediate neighborhood. The <br /> character of the neighborhood is not likely to be significantly altered by <br /> construction of the proposed home. <br /> City Code 78-123 provides additional parameters within which a variance may be granted <br /> as follows: <br /> 4. The special conditions applying to the structure or land in question are peculiar to <br /> such property or immediately adjoining property. The substandard lot area and <br /> width are common in the Minnetonka Bluffs neighborhood, where many existing <br /> homes do not meet the RR-1B District setback standards. This is not the case <br /> throughout much of the RR-1B District, but Minnetonka Bluffs is a <br /> neighborhood created long before the RR-1B zoning standards were in effect. <br /> 5. The conditions do not apply generally to other land or structures in the district in <br /> which the land is located. The standards applicable to this property apply to all <br /> other property in the RR-1B District; however, the Minnetonka Bluffs <br /> neighborhood contains many homes which do not meet the RR-1B standards due <br /> to the existing lot sizes. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. In the opinion of staff, granting of the lot <br /> area and width setback variances is necessary to preserve the property rights of <br /> the owner to build a new residence on the property. Similarly, in order to <br /> construct a residence consistent with tbe size and quality of other new homes in <br /> the neighborhood, setback variances are necessary. Granting of a structural <br /> coverage variance is not necessary, as the plans can be redesigned to eliminate <br /> the need for that variance. <br />