03-23-2022 Council Packet - Laserfiche WebLink

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Public Hearing: A Variance requires a Public Hearing and the City Council will need to open the hearing at their March 23, 2022 meeting to take comment from the public. At that time, they will consider the comments from the public and the Variance application after the hearing has been closed. A public notice has been published in the newspaper and the property owners within 350 feet of the site have been notified of the proceedings. RECOMMENDED ACTION To consider approval of a Variance application to allow a reduction in a side yard setback from 20’-0” to 8’-0” to accommodate a new building addition, located at 209 Ryan Drive, PID 313022340011, with the following findings: 1. The property is found to be of unique circumstance because of the challenging soils, high ground water, and the development configuration is the best and highest use of the site to be able to construct the addition. 2. 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. 3. 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. 4. 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.