Agenda Packets - 1996/05/13 - Laserfiche WebLink

Home Browse Search

• STAFF REPORT FOR PLANNING CASE NO. 435-96 MAY 13, 1996 PAGE THREE OF THREE • Section 1125.02, Subd. 2, states that a"variance of the provision of the zoning code may be issued by the Board of Adjustment and Appeals to provide relief to the landowner in those cases where the code imposes undue hardship or practical difficulties to the property owner in the use of his land . . . A variance may be granted only in the event that the following circumstances exist: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity. b. The literal interpretation of the provision of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. c. That granting the variance requested will not confer on the applicant any special privileges denied by the owners of other lands, structures or buildings in the same district . . . d. . . .Economic conditions alone shall not be considered a hardship." • When considering this request, the Planning Commission found that by applying the setback requirement would not deprive the applicant of any rights commonly enjoyed by other properties in the same district since all of the other properties in the same and similar zones would have to abide by the 30-foot setback requirement. Furthermore, the Planning Commission found that granting a variance to the applicant may arguably confer to the applicant a special privilege that is, in fact, denied to other owners of properties in the same zone or similar zones which must abide by the 30-foot setback requirement. All information received from the applicants has been included for your review. Based on the discussion at the May 06, 1996 work session, Resolution No. 4952, a resolution denying the variance request has been prepared for your review. If you have any questions, please contact me. •