05-12-11-Planning Comm. Agenda - Laserfiche WebLink

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The language deletes language requiring "uniqueness ", "hardship ", and the concept of "reasonable use ". Instead, the statute states that the City "may" grant a variance if it finds "practical difficulties" in using the property in a reasonable manner that is not allowed under the ordinance ( "use" variances are still not allowed — this refers to varying from performance standards in the ordinance). In summary, the City must find the following: • The property owner proposes to use the property in a reasonable manner. • The ordinance prohibits this manner of use. • The proposed manner of use is consistent with the intent of the zoning ordinance and with the Comprehensive Plan. • The ordinance creates "practical difficulties" in achieving the manner of use. Under this standard, the applicant no longer has to show that the ordinance prohibits any reasonable use, only that his /her request is using the property reasonably. If the City finds these tests to be met by the request, the City "may" approve a variance. The new statutory language gives the City, at least in theory, more flexibility as to when it may consider approval of a variance. Along with any increase in flexibility, however, comes a less predictable result. In support of their request, the applicants make the argument that the dedication requirements imposed by Ramsey County resulted in the inability to meet the sign setback requirement. In examining the property in question, it would not appear that there is room to locate the sign to meet the setback (while maintaining its orientation to north and south -bound Rice Street) — there is a perimeter sidewalk along the building that provides access to exterior doors on the west side of the building. The sign could be reoriented to face Rice Street (that is, run parallel to Rice Street and the building wall) and meet the setback. In such a case, the sign would not be readable to most traffic. The sign itself is not inconsistent with the Comprehensive Plan, which promotes the commercial development of much of the Rice Street corridor, including this property. The intent of the zoning ordinance's setback regulation is to promote visibility, avoid cluttering of the commercial areas immediately adjacent to the street, and provide areas for landscaping between the use of private property areas and the right of way. To assist in the analysis of this request, alternative draft findings have been included with this staff report for consideration by the Planning Commission, whether for approval or denial of the variance. Summary and Recommendation Planning staff does not make a specific recommendation on this request. Whether a request is putting the property to use in a "reasonable manner" (rather than the previous standard for "any reasonable use ") is related more to land use policy.