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Dietrich Variance Planning Case 551-99 April 7, 1999 • Page 2 Analysis: Other Cities' Codes: The City of Roseville has adopted language that takes into consideration the existence of lakeshore lots. Their Code states, "Accessory buildings on through lots and lakeshore lots may be located between the roadway and the principal structure,provided said accessory building meets the required front yard setback for the district in which it is located. " Other municipalities within the metro area have similar provisions that allow a garage in the front yard provided the garage meets the required setback for a principal structure. Variance Criteria: For the Planning Commission to grant a variance, it must examine the criteria established in Section 1125.02, Subdivision 2, of the City Code, which relates to hardships. Specifically, a variance may only be granted in those cases where the Code imposes undue hardship or practical difficulties to the property owner. The individual criteria, with responses, are as follows: a. Exceptional or extraordinary circumstances apply to the property which does 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. The circumstance which can be construed as extraordinaryrelatingto this request is the • q fact that the this is a lake-front property, one of only six in the City. Locating a garage between the home and the lake would be undesirable and would detract from the lake- front aesthetics. Furthermore, the area between the house and the lake is subject to prohibitive development restrictions. 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. It is not clear that a literal interpretation of the Code would deprive the applicant of rights commonly enjoyed by other properties in this district. There are only very few examples of garages being located between the house and the street, and most often, this is a result of an older home on a subdivided lot which at one time took access from a different street. c. That the special conditions or circumstances do not result from the actions of the applicant. The applicant is clearly causing the condition for which the variance is requested. The basis of the request however is reasonable and logical if one is to preserve and enhance the property's most unique asset, that of the lake-front. Disturbing the lake-front with a • garage would not be preferable and would require the approval of a wetland buffer permit.