01/11/1989 P&Z Minutes - Laserfiche WebLink

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PLANNING AND ZONING MEETING January 11, 1989 411 the two lots, it violates the side yard setbacks. • Mr. Miller stated that the city's zoning ordinance has the land placed in the R -1 Single Family zoning district. Section 6, Subdivision 5 (2) (C) (iv) states that the side yard setback requirements are ten feet. Section 5, Subd. 7 states in part that the city can grant variances from the literal provisions of the ordinance in cases, "...where their strict enforcement would cause undue hardship..." The ordinance requires that in granting variances ,the city must make the following findings of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowner is due to circumstances unique to his property not created by the landowner. 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. 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. 5. That the proposed actions will not un- reasonably diminish or impair established property values within the neighborhood. 6. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Ron Stahlberg, City Engineer has no problem with vacating the drainage easements. MOTION: Jeff Joyer moved to recommend to City Council vacation of the drainage easements between lots 7 and 8, from the south side of the 10' easement, block 2 of Reshanau Lake Estates South, 2nd Addition, along Deerwood Lane, southerly to the north side of the easement of the rear of the lot. Lots 7 and 8 are owned by the same person. Gordon Girtz seconded the motion, the motion was approved unanimously. Page 7