05-14-2018 Council Meeting Packet

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2 The general purpose and intent of the NB, Neighborhood is to provide for the establishment of local businesses for convenience, limited office, retail or service outlets which deal directly with the daily requirements for the immediate neighborhood. The variance to allow for two (2) setback variances for the construction of a commercial day care facility are in harmony with the general purposes and intent of the ordinance. 2. The variance shall be consistent with the comprehensive plan. Both variance requests are consistent with the comprehensive plan. The subject site is guided for commercial land use and the commercial day care facility is consistent with commercial land use. 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 practical difficulties in maintaining the 40 foot building setback and 5 foot parking lot setback. The stormwater in this development requires management through 2 on-site infiltration basins. These required basins reduce the amount of buildable area to locate the building. The northeast facing orientation of the building allows for only the rear corner of the building to encroach into the building setback vs. the entire length of the side elevation. The parking stall encroachment abuts a City stormwater pond and does not negatively impact the pond. The property owner proposes to use the property in a reasonable manner. The parcel is guided commercial and a day care facility is consistent with that land use. 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 circumstances unique to the property and was not created by the landowner. The applicant is proposing to develop an existing lot of record platted in 2004 with existing non-standard drainage & utility easements. Changes in stormwater management requirements since 2004 also require additional on-site stormwater management facilities. 5. The variance shall not alter the essential character of the locality. The variance will not alter the essential character of the locality. The reduced setbacks are along CSAH 49 (Hodgson Road) and a city owned outlot/stormwater pond. The neighborhood consists of commercial development to the north and medium density townhomes to the east and south.