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FILE #16-3814 <br />March 15, 2016 <br />Page 3 of 5 <br /> <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 location 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 the 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 />Item #06 - PC Agenda - 05/16/2016 <br />File #16-3830 [Total Pages 24]