10/13/1993 P&Z Packet - Laserfiche WebLink

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AGENDA ITEM IV B STAFF ORIGINATOR Mary Kay Wyland DATE October 8, 1993, TOPIC 93-17 Variance, 6619 Ruffed Grouse Road Lot 6, Block 1, Quail Ridge ............................... ................................ The property in question is located in the Quail Ridge plat and was one of the first building sites built on. When the building permit was issued, a certificate of survey indicated that the garage side of the house was located 5' from the side property line as required by the Zoning Ordinance. However, upon completion of the dwelling, an "as -built" survey indicated that the house was actually 4.3" from the side property line. This encroaches 7" into both the side yard setback and a drainage easement. To provide a clear and unclouded title to the property, the builder is requesting this variance. The property owner & builder, Bill Pierce of Pierce & Associates, is also the property owner of Lot 5, Block 1, Quail Ridge immediately to the west of this subject property. Therefore, we have not asked for a letter from the adjoining property owner indicating no objections. According to Section 4, Subd. 7, "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." Staff would recommend approval of this variance request with the following Findings of Fact: 1. The property in question cannot be put to use for other than single-family purposes. 2. The plight of the landowner (actually the future landowner, as the builder is requesting this variance) is due to circumstancesnot of his making and the variance is necessary to provide clear title to the property. 3. The hardship is not due to economic considerations alone and a reasonable use of the property does exist under the terms of the ordinance. 4. Granting of the variance will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district.