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<br /> <br />Commission) review a set of specified criteria for each application and make its decision in <br />accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the <br />City Code. The Code clearly states that a hardship exists when all of the criteria are met. The <br />individual criteria are as follows: <br /> <br />a. Exceptional or extraordinary circumstances apply to the property which do not apply <br />generally to other properties in the same zone or vicinity and result from lot size or <br />shape, topography or other circumstances over which the owners of the property since <br />the effective date hereof have had no control. <br /> <br />The property is zoned R-3 and is improved with a four unit residential dwelling. The <br />property is similar to the other four-unit dwellings in this area of the City. The lot is not <br />irregularly shaped however there is a slope toward the rear of the property and a drainage <br />easement that restricts development in this area. <br /> <br />b. The literal interpretation of the provisions of this Title would deprive the applicant of <br />rights commonly enjoyed by other properties in the same district under the terms of <br />this Title. <br /> <br />The subject property appears similar to the majority of R-3 zoned properties in this area. The <br />literal interpretation of the provisions found in the Zoning Code would not deprive the <br />applicant of rights enjoyed by other properties in the same zone, in that no other property <br />owner is seeking to increase density by expanding to a six unit residential dwelling. <br />c. That the special conditions or circumstances do not result from the actions of the <br />applicant. <br /> <br />The four-plexes in this area may have been constructed prior to the enactment of the zoning <br />code provision which requires garage stalls for each unit. To that end, the property is <br />considered a legal, non-conforming use. Increasing the density, however, is an action of the <br />property owner. <br /> <br />d. That granting the variance requested would not confer on the applicant any special <br />privilege that is denied by this Title to owners of other lands, structures or buildings in <br />the same district. <br /> <br />Granting the variance would confer upon the property owner a special privilege that <br />would be denied other property owners. To expand one’s property, one must have <br />adequate parking to meet the increased demand. <br /> <br />e. That the variance requested is the minimum variance which would alleviate the <br />hardship. Economic conditions alone shall not be considered a hardship. <br /> <br />The variance requested is twofold—a reduction in the number of garage stalls and a reduction <br />in the total number of parking stalls provided. Because it appears as though additional parking <br />could be added to the site, the variance requested is not the minimum to alleviate the hardship. <br /> <br />f. The variance would not be materially detrimental to the purpose of this Title or to <br />other property in the same zone. <br /> <br />Granting a variance to allow the expansion of the structure from a four unit building to a six