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2014-001 Council Resolution
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2014-001 Council Resolution
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7/13/2015 4:05:39 PM
Creation date
7/10/2015 3:31:13 PM
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City Council
Council Document Type
Resolutions
Meeting Date
02/27/2014
Council Meeting Type
Regular
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b. The variance shall be consistent with the comprehensive plan. <br />The variance is consistent with the comprehensive plan. The land is guided for Low Density <br />Sewered Residential development and single family homes are allowed. <br />c. There shall be practical difficulties in complying with the ordinance. "Practical difficulties," as <br />used in connection with the granting of a variance, means that the property owner proposes to <br />use the property in a reasonable manner not permitted by the ordinance. Economic <br />considerations alone do not constitute practical difficulties. Practical difficulties include, but are <br />not limited to, inadequate access to direct sunlight for solar energy systems. <br />The property owner proposes to use the property in a reasonable manner not permitted by the <br />ordinance. The construction of a single family home in a residential neighborhood is using the <br />property in a reasonable manner. The practical difficulty of the Shoreland Overlay District 30 <br />foot front setback requirement is not consistent with the underlying R-2, Two Family Residential <br />Zoning District 25 foot front setback requirement. <br />d. The plight of the landowner shall be due to circumstances unique to the property not created <br />by the landowner. <br />The plight of the landowner is due to circumstances unique to the property not created by the <br />landowner. The Shoreland Overlay District ordinance should have been amended when the <br />Zoning Ordinance was amended in 2012 to reflect setback consistency with the underlying <br />zoning district. <br />e. The variance shall not alter the essential character of the locality. <br />The variance shall not alter the essential character of the locality. The construction of a single <br />family home in a residential neighborhood is consistent with the essential character of the <br />locality. The R-2 Two Family District allows for a 25 foot front setback. <br />f. A variance shall not be granted for any use that is not allowed under the ordinance for property <br />in the zoning district where the subject site is located. <br />Single family homes are permitted uses in the R-2, Two Family zoning district. <br />g. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered <br />construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning <br />ordinance. <br />Not applicable. <br />4 <br />
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