11/27/1995 Council Packet - Laserfiche WebLink

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Variance Review Accessory Building Requirements. While the site's proposed accessory building does meet R-1 District setback requirements, the size of the structure greatly exceeds that currently allowed by ordinance. Specifically, the R-1 District allows a maximum detached garage building size of 1,100 square feet. At + 2,600 square feet in size, the proposed structure more than doubles the maximum area requirement provided in the ordinance. To accommodate the proposed accessory structure, a variance from the R-1 District size standard is necessary. Evaluation Criteria. In consideration of variance requests, Section 5, Subd. 7 of the ordinance variances may be granted when strict enforcement of the ordinance would cause undo hardship because of circumstances unique to the individual property under consideration. The ordinance also directs the City to make the following findings: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowners is due to circumstances unique to his property not created by the land owner. 3. That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. 4. That granting the variance requested 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. 5. That the proposed actions will not unreasonably diminish or impair established property values within the neighborhood. 6. That the proposed actions will be in keeping with the spirit and intent of the ordinance. In this particular instance, the need for variance results from a failure of the R-1 District provisions to recognize that the non-residential conditional uses which are allowed in the district (i.e., churches, parks, schools, golf courses, etc.) may typically have accessory building space needs that exceed a single family home. 9