10/08/2008 P&Z Packet - Laserfiche WebLink

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• 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 residential properties, the structure is not required to be attached to the main structure. As such, the property would still have reasonable use with a detached structure built the full 150 feet from the Ordinary High Water Level of Peltier Lake. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. While the adjacent lake creates a somewhat unique physical circumstance to this property, there still remains a large portion of land that could be constructed upon in compliance with all ordinances. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. While the zoning ordinance requires an accessory structure for all residential properties, the structure is not required to be attached to the main structure. While the expense of construction may be higher, the property would still have reasonable use with a detached structure built the full 150 feet from the Ordinary High Water Level of Peltier Lake. 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. Considering that an alternative location for the garage, detached from the structure, is available, granting the variance would allow the applicant to encroach into a setback in a way that other structures would not. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The spirit and intent of the Ordinary High Water Level setback for structures is to minimize encroachment of development onto a natural environment. While the existing dwelling will still encroach upon the setback, the encroachment would be minimized by denying the proposed addition. RECOMMENDATION Staff is recommending denial of the request for a variance based on the attached finding of fact. ATTACHMENTS 1. Marier Justification Letter submitted September 12, 2008. 2. Marier Site Plan submitted September 12, 2008.