08-10-2022 Workshop Packet - Laserfiche WebLink

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Section 915, General Development Requirements: Off-Street Parking and Loading: 1, 2, and 3-unit buildings, (2) spaces per dwelling unit for residents’ use counting the space in the driveway. The proposal complies with this requirement and provides 2 spaces per unit. Section 915.140, Landscaping and Screening: Single-family detached houses shall have at least one overstory tree per house, with a minimum caliper size of 2.0 inches. Existing trees may count toward this requirement. The proposal will outline the Landscaping Plan and Tree Preservation in the Final Plat stage. Zoning Code Section 917.080, Variances: The variance process is intended to provide limited relief from the strict requirements of this ordinance in those cases where the reasonable conditions of a particular requirement will create practical difficulties because of circumstances unique to the property. It is not intended that variances be granted to allow a use not permitted by the underlying zoning district, nor to merely remove inconveniences or financial burdens that the requirements of this ordinance may impose on property owners in general. Variances are intended to address extraordinary, exceptional or unique situations that were not caused by the applicant’s act or omission. Variances may be allowed from restrictions placed on nonconformities. Criteria for Approving a Variance: 1. A variance may be approved only if these criteria are met: a. The request is in harmony with the purposes and intent of this ordinance. b. The variance is consistent with the Comprehensive Plan. c. The applicant can demonstrate that there are “practical difficulties” in complying with the regulation(s) in question. Determination of whether practical difficulties exist shall be based on the following: 1. The property owner proposes to use the property in a reasonable manner permitted by this ordinance; 2. The plight of the land owner is due to circumstances unique to the property not created by the landowner; 3. The variance will maintain the essential character of the locality. 2. Practical difficulties include, but are not limited to, inadequate access to direct sun light for solar energy systems. 3. Economic considerations alone shall not constitute a sufficient basis for a Variance if reasonable use for the property exists under the regulation. 4. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes 216C, Subd. 14, when in harmony with this ordinance. 5. The City Council may impose conditions in the granting of a variance. Such conditions must be directly related to and bear a rough proportionality to the impact created by the variance.