03/22/2010 Council Packet - Laserfiche WebLink

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• Findings: State law requires the following findings to be made in order to grant the approval of a variance. Staff has completed the findings in regards to the submitted request. • • FINDINGS In considering all requests for Variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. While the zoning ordinance requires an accessory structure for all rural properties, the site already is developed in excess of the maximum accessory structure area of 4,200 square feet and exactly the number of accessory structures allowed on the site. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The restriction of the number and area of accessory structures is directly related to property size. The entire property, whether covered by water, easement, or wetland is used to determine the number and area of accessory structures. Therefore there is no physical circumstance unique to this property. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. There is no hardship that staff can identify in this request. The request is based on a desire to overdevelop a site. d. 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. The city has regularly enforced the accessory structure limitations on property owners, and an approval of this request would confer a special privilege normally denied on other lands. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The spirit and intent of the accessory structure limitations is to insure that sites are not overdeveloped with outbuildings, and the proposed request would do just that.