05/08/2000 Council Packet - Laserfiche WebLink

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1 • • In considering all requests for variance or appeal and in taking subsequent action, the City shall make a finding of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. 3. That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. 4. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The Planning and Zoning Board reviewed this item at their April 14, 2000 meeting and recommended approval with the condition that an elevation survey be provided prior to Council action. This survey has been provided, however, additional detail indicating that the proposed retaining wall meets with City specifications will be required prior to issuance of any building permits. Staff would recommend approval of the variance to allow a dwelling to be constructed with a setback of 28.99' to 36.39' from Ware Road with the following conditions: 1. A detailed drawing of the proposed retaining wall, conforming to City specifications as outlined in Section 3, Subd. 4 T.1.a. of the Zoning Ordinance is submitted prior to issuance of any building permits. 2. Any work within the wetland easement will require permitting from the Rice Creek Watershed District. 3. The Variance is recorded with Anoka County as required by State Statutes. OPTIONS: 1. Approve variance as requested with conditions outlined above. 2. Return to staff for further consideration 3.Deny requested variance. RECOMMENDATION: Option 1