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3 <br /> <br />The variance is not being granted for a use that is not allowed under the zoning ordinance. <br />Single family detached homes are allowed as Permitted Uses in the R-1, Single Family <br />Residential District. <br /> <br />7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered <br />construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning <br />ordinance. <br /> <br />Not applicable. <br /> <br />Preliminary Plat <br /> <br />Per Section 1001.013, Premature Subdivision: <br /> <br /> (1) General. Any concept plan, preliminary plat or final plat deemed premature pursuant to the <br />following criteria shall be denied by the City Council. <br /> <br /> (2) Conditions for establishing a premature subdivision. A subdivision may be deemed <br />premature should any of the following conditions not be met. <br /> <br /> (a) Consistency with the Comprehensive Plan. Including any of the following: <br /> 1. Land use plan; <br /> 2. Transportation plan; <br /> 3. Utility (sewer and water) plans; <br /> 4. Local water management plan; <br /> 5. Capital improvement plan; and <br /> 6. Growth management policies, including MUSA allocation criteria. <br /> <br />St. Clair Estates is consistent with the goals and policies of the comprehensive plan in regards to <br />resource management, land use, housing, transportation and utilities as detailed in the June 8, <br />2016 and July 13, 2016 Planning & Zoning staff reports and August 22, 2016 Council staff <br />report. The development is also consistent with the local water management plan, capital <br />improvement plans and growth management policies. <br /> <br />(b) Consistency with infill policies. A proposed urban subdivision shall meet the city's infill <br />policies: <br />1. The urban subdivision must be located within the Metropolitan Urban Service Area <br />(MUSA) or the staged growth area as established by the city's Comprehensive Plan; <br />2. The cost of utilities and street extensions must be covered by one or more of the <br />following: <br /> a. An immediate assessment to the proposed subdivision; <br />b. One hundred percent of the street and utility costs are privately financed by the <br />developer; <br />c. The cost of regional and/or oversized trunk utility lines can be financed with available <br />city trunk funds; and <br />d. The cost and timing of the expenditure of city funds are consistent with the city's <br />capital improvement plan. <br />3. The cost, operation and maintenance of the utility system are consistent with the normal <br />costs as projected by the water and sewer rate study; and