09/11/2001 P&Z Packet - Laserfiche WebLink

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• 15' X 31' garage would bring total accessory square footage to 1,089. Construction of the proposed addition would result in a side yard setback of zero. The affected neighboring property has street access on the Oakwood Drive cul -de -sac and is heavily wooded along the southern property line. It is currently vacant, with the owner residing in California. Further implications to a zero side yard setback include City Code Section 3, Subd. 5.F.2, which requires curb cut openings and driveways be a minimum of five feet from the side yard property lines. Additionally, Minnesota Building Code requires construction of a one -hour firewall with no openings on buildings constructed less than 3 feet from a neighboring property. FINDINGS FOR VARIANCE In considering all requests for variance 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. • Maintaining the required five-foot side yard setback still allows for the construction of a garage addition, although at a smaller size. 2. That the plight of the landowners is due to physical circumstances unique to his property and not created by the landowner. The existing 15 foot side yard setback is not unique or unusual, and was created with the construction of the current home. 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. Reasonable additional accessory building space can still be created while maintaining the required five-foot setback. 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. Granting the variance would confer special privilege, and would negatively impact the neighboring property owner. •