12/11/2013 P&Z Packet - Laserfiche WebLink

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Criteria and Findings of Fact. No variance shall be granted unless it meets all the criteria of Section 2, Subd. 4.A.1.(a -g). The City shall make findings regarding compliance with these criteria. a. The variance shall be in harmony with the general purposes and intent of the ordinance. The intent of the Shoreland Overlay District in regards to structural setbacks from public street right of way is to be consistent with the underlying zoning ordinance. The variance would allow a 25 foot setbackfrom the public street right of way which is consistent with the R -2, Two Family zoning district. b. The variance shall be consistent with the comprehensive plan. The variance is consistent with the comprehensive plan. The land is guided for Low Density Sewered Residential development and single family homes are allowed. 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 property owner proposes to use the property in a reasonable manner not permitted by the ordinance. The construction of a single family home in a residential neighborhood is using the property in a reasonable manner. The practical difficulty of the 30 foot Shoreland Overlay district front setback is not consistent with the underlying zoning front setback requirement of 25 feet. The practical difficulty is also compounded by the required Shoreland Overlay District 150 foot setbackfrom the OHWL which limits the buildable area of the lot. 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 due to circumstances unique to the property not created by the landowner. The Shoreland Overlay District ordinance should have been amended when the Zoning Ordinance was amended in 2012 to reflect setback consistency with the underlying zoning district. e. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality. The construction of a single family home in a residential neighborhood is consistent with the essential character of the locality. The R -2 Two Family District allows for a 25 foot front setback. 8