26-17 - Resolution - 2245 Tele Dr - Variance

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City Code Section 1007.000(2) details the purpose and intent of Chapter 1007: Zoning Code. The variance is in harmony with the general purposes and intent of this chapter. 2. The variance shall be consistent with the official City Comprehensive Plan. Per the Comprehensive Plan, the property is guided for Low Density Residential land use. The variance request is consistent with residential land use. The property is intended for single family detached dwellings with 3-season porches. 3. There shall be practical difficulties in complying with this chapter. "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 this chapter. 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 not permitted by this chapter. The practical difficulty is created by the angle of the rear lot line. Only a portion of the 3-season porch encroaches into the setback. 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 circumstances unique to the property due to the angle of the rear lot line. The plight was not created by the landowner. 5. The variance shall not alter the essential character of the locality. The variance will not alter the essential character of the of the locality. The residential neighborhood consists of single family detached dwellings with additions. 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 is not being granted for a use that is not allowed under the ordinance. Single family detached dwellings with 3-season porches are permitted uses in the R-1, Single Family Residential zoning district. 7. In accordance with M.S. § 462.357, Subd. 6, variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, Subd. 14, when in harmony with the zoning ordinance. Not applicable.