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Item #5 REQUEST FOR PLANNING COMMISSION ACTION Meeting Date: October 2, 1996 Staff Report by: Pamela Sheldon, Community Development Director Planning Case 457-96 File No.: Request: The applicant is requesting a 20 foot variance from the 30 foot setback requirement to allow construction of a three season porch 10 feet from the rear property line. Petitioner: Ronald Gardner Location: 8480 Pleasant View Drive PIN No. 06-30-23-22-0072 Zoning/Land Use: The property is currently zoned R-1 Single Family Residential Applicable Regulations: • Section 1004.01, Subd 3., requires a 30 foot rear yard setback. Section 1125.02 states the criteria for review of variances as follows: a. Exceptional or extraordinary circumstances apply to the properties which do not apply generally to other properties in the same zone or vicinity and result 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. b. The literal interpretation of the provisions 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 the special conditions or circumstances do not result from the actions of 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 or other lands,structures or buildings in the same district. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. • f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone.