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04/14/2021 P&Z Packet
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04/14/2021 P&Z Packet
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9/16/2021 12:38:34 PM
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P&Z
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P&Z Packet
Meeting Date
04/14/2021
P&Z Meeting Type
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The variance request is not consistent with the comprehensive plan. The applicant's residential <br /> property is intended for a single family dwelling with a garage, accessory structure and one (1) <br /> driveway. <br /> 3. There shall be practical difficulties in complying with the ordinance. "Practical difficulties," <br /> as used in connection with the granting of a variance, means that the property owner proposes to <br /> use the property in a reasonable manner not permitted by the ordinance. Economic <br /> considerations alone do not constitute practical difficulties. Practical difficulties include, but are <br /> not limited to, inadequate access to direct sunlight for solar energy systems. <br /> The property owner proposes to use the property in a reasonable manner with the construction <br /> of a detached accessory structure; however, there is no practical difficulty in complying with the <br /> required one (1) curb cut/driveway access. <br /> The cost of the detached accessory structure alone does not constitute a practical difficulty. <br /> 4. The plight of the landowner shall be due to circumstances unique to the property not created <br /> by the landowner. <br /> The plight of the landowner was created by the landowner. There are no unique circumstances <br /> to the property causing them to not be able to comply with the ordinance of only having one (1) <br /> driveway. <br /> 5. The variance shall not alter the essential character of the locality. <br /> The variance will alter the essential character of the locality which is a single family residential <br /> neighborhood with houses with one (1) driveway. <br /> 6. A variance shall not be granted for any use that is not allowed under the ordinance for <br /> property in the zoning district where the subject site is located. <br /> The variance will not be granted for any use that is not allowed under the ordinance for property <br /> in the zoning district. The property is zoned PUD, Planned Unit Development for a residential <br /> subdivision and driveways are consistent with residential uses. <br /> 7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered <br /> construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning <br /> ordinance. <br /> Not applicable. <br /> RECOMMENDATION <br /> Staff recommends denial of the variance to allow for a second curb cut/driveway access at 23 <br /> Century Trail. <br /> 5 <br />
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