10/14/2015 P&Z Packet - Laserfiche WebLink

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1. The variance shall be in harmony with the general purposes and intent of the ordinance. The general purpose and intent of the ordinance is to establish performance standards intended to assure compatibility of uses, prevent blight and to enhance the health, safety and general welfare of the residents of the community. Approving this variance request for an attached accessory structure doesn 't pose a threat to the health, safety or general welfare of the neighborhood. In fact, since no attached accessory structure is present on the applicant's property (6602 Pheasant Run) approving this variance request will enhance the atmosphere in the neighborhood as Lino Lakes requires all dwellings to have, at minimum, a double garage. 2. The variance shall be consistent with the comprehensive plan. The variance request is consistent with the comprehensive plan. The applicant's property is intended for a Single Family dwelling as such, current zoning ordinances require dwellings to have, at minimum, a double garage. 3. There shall be practical difficulties in complying with the ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The property owner proposes to use the property in a reasonable manner, as the construction of a double garage is considered a reasonable use of the property. The practical difficulty in complying with the 40' setback from Birch Street's right-of-way creates a situation where the applicant cannot construct a double garage unless the variance is approved. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The plight of the landowner is due to circumstances unique to the property and was not created by the landowner. The current landowner recently purchased the property and did not construct the house without a garage. 5. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality by maintaining the 30 foot — 40 foot setbacks found along other Birch Street corner properties. Accessory structures such as garages are common features found throughout Lino Lakes residential districts. 6. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. M