1999 Planning Commission Packets

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l�ietrich 'Variance Planning Case SS 1 �99 Aprit 7, 1999 Page 4 Wetla�rd Setback Rec�uirenzents • While there are provisions in place to permit building expansion and location of accessory buildings within the buffer area, the intent is that this area should remain in an undeveioped state to protect and preserve the impacted water feature. Amencz'rn the Code: In situations where the Code does not anticipate a given situation or can not be applied to a specific property for reasons of undue hardship or through practical difficulties, there are usually two courses of action to remedy the situation: the property owner can request � variance or request an amendment to the Ci�y Code. Amending the �ode should be done only in the event that (1} a mistake was made in the Code's original cons�ruction, (2) discovery of a situation or condition which was not originaiiy anticipated, or (3) because changing communi�y standards over time warrant such a change. Because there are only six properties in the City to which this condition would apply, amending the Code wouId not be appropriate. itee�mrne�d�tior�: Given the supporting variance criteria and wetland buffer considerations associated with this request, staffrecommends that the Planning Corrunission apprave Resolution 576-99, a resolution approving a variance from �ection 1104.01, Subd. 4a(1) of the City Code, to allow for t�e construction of a garage between the house and the street at 7�05 Gloria Circle, subject io maintaining the appropriate setbacks for a principal structure. `�I��s:%� ��':--Z� James Ericson, Ptanning Associate IV:IDATAIGROUPSICOMDE V1DE V CAS BS1S 51-991D-TRICH. RPT I. � i ;