11-14-2016 Council Packet - Laserfiche WebLink

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2 The variance request is consistent with the comprehensive plan. The parcel is guided for low density residential use. A porch addition and deck are consistent with residential uses. 3. There shall be practical difficulties in complying with the ordinance. “Practical difficulties,” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The property owner proposes to use the property in a reasonable manner. The porch addition is a reasonable residential use of the property. The practical difficulty in complying with the 30 foot rear setback would require removal of 1.29 feet of the already constructed porch. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The plight of the landowner is not due to circumstances unique to the property. The landowner’s contractor installed the footings and started construction of the porch without locating the property corners and verifying the rear yard setback. 5. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality. Porches are common additions found throughout the City’s residential districts. 6. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. House additions such as the screen covered porches are permitted principal structures in the R-1X, Single Family Executive Residential District. 7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning ordinance. Not applicable. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves a variance to allow for a 1.29 foot encroachment into the required 30 foot rear yard setback for the purpose of constructing a screen covered porch Adopted by the Council of the City of Lino Lakes this 14th day of November, 2016.