2001 Planning Commission Packets

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Variance Request September 5, 2001 Page 2 and Mr. Gustafson feel that since Mr. Gustafson wilI remain in his existing house, it is important to maintain the proper side-yard setback for the house. A detailed site plan has been prepared so the Planning Commission can have a clear understanding of � what is being proposed. Included on the site plan are building footprints that demonstrate that a house will fit comfortably on the proposed lot #3 with the reduction in frontage along County Road I. For this variance to be approved, as with any variance request, there needs to be demonstrated substantial hardship or practical difficulties associated with the property that makes a literal interpretatian of the Code overly burdensome or restrictive to a property owner. State statutes require that the governing body {the Planning Commission) review a set of specified criteria for each apglication and make its decision in accordance with these criteria. These criteria are set forth in Section 1125,Q2, Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of the criteria are met. The individual criteria are as follows: a. Ezcepiional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and resutt from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control. The location af Mr. Gustafson's house creates a unique situation by preventing the proposed - lot #3 from complying with the minimum lot width requirement established in the City Code. ''� b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly en joyed by other properties in the same district under the terms of this Title. If the house did not exist in its current Iocation, the applicant would be able to subdivide the properiy without need for a variance. The location of the house, however, prevents a subdivision of the property without a variance. c. That the special conditions or circumstances do not result from the actions of the applrcant. The house was built long before the subdivision was considered and the location was not chosen by the applicant. d. That granting the Variance requested will not confer on the applicant any special privilege that is denied by this Title to owners of other Iands, structures or buildings in the same district. If the house were located slightly to the east, the subdivision would not require a variance for the corner lot and could be completed in compliance with City Codes. The location of the house creates a unique situation that would not normaliy be present on other properties. _.