06/28/1999 Council Packet - Laserfiche WebLink

Home Search

STAFF ORIGINATO: DATE: TOPIC: AGENDA ITEMfD Mary Kay Wyland June 28, 1999 Philip & Christine Javinsky, 1112 Holly Court, Variance VOTE REQUIRED: Simple Majority BACKGROUND; Mr. and Mrs. Javinsky have requested a variance to allow the construction of a pole barn on their property at 1112 Holly Court that would be located closer to the front lot line than their principal structure. The Zoning Ordinance provides in Section 3. Subd. 4.D.1.c. "No detached accessory structure shall be closer to the front lot line than the principal building or its attached garage." The lot in question is somewhat pie shaped and contains a portion of Cedar Lake including a bluff area as defined by the Shoreland Ordinance. There does not appear to be an alternate site for the proposed construction excepting to the front of the dwelling due to setback requirements within the Shoreland Ordinance. The north/east side of the property contains wetlands, slopes and large trees and is, therefore, not an option. Staff has reviewed the request and we believe the following variance criteria can be met in relation to this proposal. Findings of Fact. In considering all requests for variance or appeal 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. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. 3. That the hardship is not due to economic considerations along 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 be in keeping with the spirit and intent of the ordinance The Planning and Zoning Board recommended approval of this Variance at their June 9, 1999 meeting with the following conditions: 1. Property building permits be obtained prior to construction. 2. The proposed building be located within the required building and shoreland setbac 3. The structure be sized according to Sec. 3. Subd. 4 of the Zoning Ordinance