11-12-2020 Planning Commission Packet

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and the probably effect of the proposed subdivision upon traffic conditions in the vicinity. A variance shall only be recommended when the Planning Commission finds: A. That there are special and highly unique circumstances or conditions affecting said property which are not common to other properties in the City and that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of his land. The applicant has submitted supplemental information regarding the existing conditions and unique circumstances related to this property, of the 9.67 acres of site area, only 7.08 acres are available to be buildable given the topography and also 2.60 acres are considered wetland as well as 1.38 acres of wetland buffer that is located on the site. The property is found to be of unique circumstance because of these two areas and the development configuration is the best and highest use of the site to be able to construct the fifteen single-family homes. The lot width of the individual parcels needs to be reduced slightly given the street and cul-de-sac configuration to avoid the lower lying wetland areas, so the lot width of the parcels is narrower at the street, however the lots and homes themselves are of good size and widen out toward the rear of the properties. The cul-de-sac length as well is needed to be lengthened to reach each individual parcel. B. That the granting of the variance will not be detrimental to the public health, welfare or injurious to other property in the territory in which property is situated. City staff does not find this proposal to be detrimental to the public health, welfare, or injurious to other property in the territory in which the property is situated. The single-family home development that is proposed as well as the lot size and character in design is in keeping with the R-1 Single Family Residential District as well as the neighboring areas. C. That the variance is to correct inequities resulting from an extreme hardship limited to topography, soils or other physical factors of the land. The physical factors of the property are the main reason for the variance request in that it produces an extreme hardship that is limited to the topography and wetland located on the site. In addition, under Minnesota law, we find that practical difficulty has been met, meaning (1) the property owner proposes to use the property in a reasonable manner permitted by the ordinance, (2) the owner's plight is due to circumstances unique to the property not created by the owner, and (3) the variance will not alter the locality's essential character. D. That the request for variance is not based in an economic hardship. The request for variance is not based on an economic hardship and solely based on the physical aspects of the site and is the best and highest use of the property. After consideration of the Planning Commission recommendations, the City Council serving as the Board of Adjustment and Appeals may grant variances by a vote of a majority of the entire City Council, subject to the finding that a hardship exists according to items (a), (b), and (c) immediately above. Within the City, applications for variances are reviewed individually based on their own findings and do not constitute setting a precedent.