2021-038 Council Resolution - Laserfiche WebLink

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The variance to allow for a second curb cut/ driveway access is harmonious with the general purposes and intent of the ordinance. Pinto Lane is a local road capable of handling one (1) additional driveway. The driveway will not increase public right-of4ay congestion, decrease safety or diminish the general welfare of the public. 2. The variance shall be consistent with the comprehensive plan. Per the 2040 Comprehensive Plan, the property is guided for Low Density Residential land use. The variance request is consistent with the comprehensive plan. The applicant's residential property is intended for a single family dwelling with a garage, accessory structure and driveway. 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. The property owner proposes to use the property in a reasonable manner with the construction of a detached accessory structure and driveway. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The property is unique in that it is a double frontage lot with the front lot line along Century Trail, a minor collector road, and the rear lot line along Pinto Lane, a local road and cul de sac. 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 driveways. 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 PUD, Planned Unit Development for a residential subdivision and driveways are consistent with 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.