06/11/2014 P&Z Packet - Laserfiche WebLink

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b. The variance shall be consistent with the comprehensive plan. The variance is consistent with the comprehensive plan. The parcel is guided low density residential per the City's Comprehensive Plan which allows for 1.6 to 3.9 dwelling units per acre. The proposal of 3.60 units per acre is consistent with the Comprehensive Plan's guided land use and density for residential development. c. 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 subdivision of an existing parcel and creation of four (4) residential lots are reasonable uses of the property. The practical difficulty in complying with the lot depth, lot width and setback standards of the zoning ordinance would only allow for the creation of two (2) lots and render a majority of the parcel undevelopable. This would not be consistent with the intent of the Mar Don Acres `ghost plat" or the previously approved Hailey Manor and Golden Acres subdivisions. d. 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 created by the requirement to dedicate 30 feet of right of way on Arlo Lane which reduces the lot depths to 132 feet and the location of the existing house on 535 Lois Lane and not the landowner himself. e. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality. The proposal to create four (4) single family residential lots for the purpose of constructing three (3) new single family homes is compatible with the surrounding existing single family homes. Similar variances were approved for the two (2) subdivisions to the east, Hailey Manor, and Golden Acres. f. 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. Single family homes are permitted uses in the R-1, Single Family Residential District. g. 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. Not applicable. I