Laserfiche WebLink
• <br /> FILE#17-3909 <br /> March 20,2017 <br /> Page 3 of 4 <br /> are not limited to inadequate access to direct sunlight for solar energy systems.Variances shall be <br /> 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 chapter for property in the zone where the affected person's land is <br /> located.The board or council may permit as a variance the temporary use of a one-family dwelling <br /> 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-1C zoning district. <br /> 2. The variance is consistent with the comprehensive plan. The residential principal <br /> structure and associated amenities are residential uses which are consistent with the <br /> comprehensive plan 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 is proposing to use the <br /> property in a reasonable manner but the size of the lot is below the minimum <br /> lot size standards of the Zoning Code. <br /> b. There are circumstances unique to the property not created by the landowner. <br /> The plight of the property owner is due to the existing substandard lot size, <br /> which is a result of the property being platted as part of the 'Casco Heights' <br /> subdivision in 1911,long before local zoning codes were in effect;and <br /> c. The variance will not alter the essential character of the locality. The Casco <br /> Heights neighborhood (primarily fronting on Casco Avenue, Ethel Avenue, <br /> Caroline Avenue and Casco Point Road)consists of lots typically 50 feet in width <br /> and ranging in depth from 140-190 feet.Over time approximately one-fourth of <br /> the lots in the neighborhood have been developed singly, while the remainder <br /> have been developed in combinations ranging from 1-1/2 to 3 lots in width. In <br /> the opinion of staff, a single family residence with associated amenities on a <br /> single lot in this neighborhood is not inconsistent with the character of the <br /> surrounding neighborhood. Lots surrounding applicants' property are all <br /> similarly within Hardcover Tier 2. <br /> City Code 78-123 provides additional parameters within which a variance may be granted as <br /> follows: <br /> 4. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. The lot area, lot width,setback, hardcover <br /> and lot coverage standards applying to this property are similar to those of other <br /> properties in the neighborhood, and there are many similar sized developed lots in the <br /> neighborhood. <br /> 5. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The standards applicable to this property apply to all other property <br /> in the neighborhood; however, in order to be allowed the 30% hardcover that other <br /> developed similar-sized lots are afforded,a variance to lot area and width is required. <br />