03-20-2017 Planning Commission Packet

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• FILE#17-3908 March 20,2017 Page 3 of 4 are not limited to inadequate access to direct sunlight for solar energy systems.Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in 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 LR-1C zoning district. 2. The variance is consistent with the comprehensive plan. The residential principal structure and associated amenities are residential uses which are 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 size of the lot is below the minimum lot size standards of 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 existing substandard lot size, which is a result of the property being platted as part of the 'Wiley's Navarre Addition Lake Minnetonka' subdivision in 1911, long before local zoning codes were in effect; and c. The variance will not alter the essential character of the locality. The Wiley's Navarre Addition neighborhood (primarily fronting on Olive Avenue with just two on Navarre Lane)consists of lots typically 47-55 feet in width and ranging in depth from 90-160 feet. Over time a majority of these lots have each been developed for individual homes, with few being combined. In the opinion of staff, a single family residence and associated amenities on a single lot in this neighborhood will not be inconsistent with the character of the surrounding 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 lot area, lot width,setback, hardcover and lot coverage standards applying to this property are similar to those of other properties in the neighborhood, and there are many similar sized developed 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 property in the neighborhood; however, in order to be allowed the 35% hardcover that other developed similar-sized lots are afforded,a variance to lot area and width is required. 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 lot area and lot width variances are not granted, as the new residence would not be able to have the 35% hardcover that neighboring similar-sized lots are allowed.