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Dietrich Variance <br /> Planning Case 551-99 <br /> April 7, 1999 • <br /> Page 4 <br /> Wetland Setback Requirements: While there are provisions in place to permit building expansion <br /> and location of accessory buildings within the buffer area, the intent is that this area should remain <br /> in an undeveloped state to protect and preserve the impacted water feature. <br /> Amending the Code: In situations where the Code does not anticipate a given situation or can <br /> not be applied to a specific property for reasons of undue hardship or through practical <br /> difficulties, there are usually two courses of action to remedy the situation: the property owner <br /> can request a variance or request an amendment to the City Code. Amending the Code should be <br /> done only in the event that (1) a mistake was made in the Code's original construction, (2) <br /> discovery of a situation or condition which was not originally anticipated, or(3) because changing <br /> community standards over time warrant such a change. Because there are only six properties in <br /> the City to which this condition would apply, amending the Code would not be appropriate. <br /> Recommendation: <br /> Given the supporting variance criteria and wetland buffer considerations associated with this <br /> request, staff recommends that the Planning Commission approve Resolution 576-99, a resolution <br /> approving a variance from Section 1104.01, Subd. 4a(1) of the City Code, to allow for the • <br /> construction of a garage between the house and the street at 7805 Gloria Circle, subject to <br /> maintaining the appropriate setbacks for a principal structure. <br /> James Ericson, Planning Associate <br /> N:\DATA\GROUPS\COMDE V\DEVCASES\551-99\D-TRICH.RPT <br /> • <br />