03-23-2022 Council Packet - Laserfiche WebLink

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areas available to be buildable given the challenging soils on the site. The property is found to be of unique circumstance because of these challenging soils and the development configuration is the best and highest use of the site to be able to construct the addition. The applicant stated that he originally planned to build the addition on the east side of the parcel, but after hiring American Engineering to drill 5 test holes to check the soil conditions, he learned from the soil report that there was 45-50 feet of peat and bad soils before good soil conditions were found. There is also high ground water because of the creek. The west side of the parcel is more conducive to building due to stable soils on that side. The lot configuration of the parcel and building placement also prove to be unique as the rear area of the property is essential unusable leading to the placement of the addition being placed on the west side. 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 proposed addition development is in keeping with the I-1 District as well as the neighboring areas. 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 property owner. 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. Building Official Comments: The City’s Building Official has reviewed this proposal. Planning Commission: The Planning Commission, at their March 10th, 2022 meeting, reviewed the application and recommended unanimous approval to the City Council.