10-26-2022 Council Packet - Laserfiche WebLink

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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. The applicant is seeking variances for the Front and Rear Yard Setbacks of the townhome units. Due to the placement of the townhomes, not all townhomes will require this exception as shown on the Final Plat, this is intended as a not to exceed setback limit. The City Council requested that the site plan show a gradual placement of units to achieve a lower density towards the southern end of the development and increase density as the development moves to the north end of the development. In order to achieve this goal, the applicant requires smaller front and rear yard setbacks in certain areas to be able to place the townhomes appropriately. The front yard setback variance request is from 25 feet to 20 feet in some places. The rear yard setback variance request is from 30 feet to 20 feet in some places.