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2019-145 Council Resolution
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2019-145 Council Resolution
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Last modified
10/11/2021 9:03:12 AM
Creation date
12/2/2019 12:23:01 PM
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City Council
Council Document Type
Resolutions
Meeting Date
11/12/2019
Council Meeting Type
Regular
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protect public waters. Per the ordinance Policy statement, the uncontrolled use of <br /> shorelands of the City affects the public health, safety and general welfare not only by <br /> contributing to pollution of public waters, but also by impairing the local tax base. <br /> The required public street setback along West Shadow Lake Drive is 30 feet. <br /> Lot 1: The current street setback for the existing house is 22.2 feet. The house was <br /> constructed in 1984 and surveys were not required and setbacks may not have been <br /> verified. <br /> Lot 2: The proposed street setback for the future house is 25 feet. Reducing the front <br /> setback allows more separation from the building pad to the existing wetland and public <br /> water thus protecting the public water. There will also be less floodplain impact and <br /> impervious surface. <br /> 2. The variance shall be consistent with the comprehensive plan. <br /> The variance request for both Lot 1 and Lot 1 is consistent with the comprehensive plan. <br /> The subject site is guided for low density residential development and the proposed two <br /> (2) lot residential development is consistent in regards to land use and density. <br /> 3. There shall be practical difficulties in complying with the ordinance. "Practical <br /> ,•.� difficulties," as used in connection with the granting of a variance, means that the <br /> property owner proposes to use the property in a reasonable manner not permitted by the <br /> ordinance. Economic considerations alone do not constitute practical difficulties. <br /> Practical difficulties include, but are not limited to, inadequate access to direct sunlight <br /> for solar energy systems. <br /> Lot 1: There are practical difficulties in meeting the 30 foot street setback. The property <br /> owner proposes to use the property in a reasonable manner with an existing single family <br /> house. The existing house was built in 1984 and there is no proposed change in use. <br /> There would be considerable economic burden to require the property owner to move the <br /> house in order to comply with the setback requirements. <br /> Lot 2: There are practical difficulties in meeting the 30 foot street setback due to existing <br /> floodplain and wetlands located on site. The property owner proposes to use the property <br /> in a reasonable manner by constructing a single family house. <br /> 4. The plight of the landowner shall be due to circumstances unique to the property not <br /> created by the landowner. <br /> The plight of the landowner is due to circumstances unique to the property and was not <br /> created by the landowner. <br /> Lot 1: The house was constructed in 1984 and surveys were not required and setbacks <br /> may not have been verified. <br /> 2 <br />
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