02/09/1994 P&Z Packet - Laserfiche WebLink

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AGENDA ITEM IV D STAFF ORIGINATOR Mary Kay Wyland DATE February 4, 1994 TOPIC Variance - 1049 Black Duck Court This case involves an "after the fact" variance request to allow a home to be constructed 6' from the side property line. The property in question is Zoned R-1 Residential and a 10' side setback is required. The variance in this case is for 4'. Apparently when the house was staked the survey was misread and it was assumed the side setback was 10' because of an easement line shown on the plat. This easement line, however, was not 10' but 5'. The builder has secured a letter from the adjoining property owner indicating that they have no objections to the proposed request. According to the City Zoning Code, Sec. 5, Subd. 7, Variances and Appeals. Variances from the literal provisions of the ordinance may be granted in instances where their strict enforcement would cause undo hardship because of circumstances unique to the individual property under consideration. FINDINGS OF FACT: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Staff feels it would be unreasonable to request that the builder remove the footings and locate the structure within the setback requirements. 2. That the plight of the landowners is due to circumstances unique to his property not created by the land owner. The property in question is unique due to a large drainage and utility easement on the property and the configuration of the lot itself which is located at the end of a cul-de-sac. In order to meet the 10' requirement, the home would have had to be located further back on the lot than the existing 30' thus encroaching on the rear easement - or moved further to the west thus increasing the angle of the driveway. 3. That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under