2020-131 Council Resolution - Laserfiche WebLink

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The general purpose and intent of the General Provisions section of the zoning ordinance is to assure compatibility of uses' to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community. The side yard variance request for a deck is not in harmony with the general purposes and intent of the ordinances. 2. The variance shall be consistent with the comprehensive plan. Per the Comprehensive Plan, the property is guided for Low Density Residential land use. The variance request is consistent with the comprehensive plan. The applicant's property is intended for single family dwellings with houses and decks. 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. There are no practical difficulties in complying with the ordinance. The applicant has ample space to construct a 16' x 24' deck in the rear yard with access along the side yard that meets the 5 ft setback requirements. 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 due to the previous and current property owner not obtaining building permits for the original deck construction and 1990 remodel. There are no circumstances unique to the property that prevents compliance with side yard setback requirement. 5. The variance shall not alter the essential character of the locality. The variance will not alter the essential character of the locality which is a single family residential neighborhood with houses and decks. 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. The variance will not be granted for any use that is not allowed under the ordinance for property in the zoning district. The property is zoned R-X, Rural Executive and houses and decks are consistent with rural residential uses. 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. 2