Agenda Packets - 2004/06/28 (2) - Laserfiche WebLink

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Read Variance and CUP June 28, 2004 Page 2 A variance is required for this request because the garage would exceed 35 feet in width. If the area of the garage were 952 square feet or less, there would be no limit on the width. While there are no explicit width limits for garages less than 952 square feet, there are practical limits due to minimum garage depths. The rationale for limiting a garage width is based solely on aesthetics. Previous Commissions and Councils have held that by limiting the width of a garage, the garage cannot dwarf the home or be the dominant feature on the lot. While one can argue and disagree about what is or is not aesthetically pleasing, garages tend to be devoid of any interesting architectural features and lacking in character. Limiting their width helps preserve the ideal of the home being the dominant feature rather than the garage. Variance Considerations: For a variance to be approved, the applicant needs to demonstrate a hardship or practical difficulty associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive. Minnesota statutes require that the governing body (the City Council, in this case) review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of the criteria are met. The hardship criteria are as follows: a. Exceptional or extraordinary circumstances apply to the property 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. The lot exceeds the minimum dimension and square footage requirements for an R-1, Single Family property. The applicant is requesting the variance based on a need for additional storage. 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. While the literal interpretation of the provisions of the Zoning Code would not deprive the applicant of typical rights enjoyed by other properties in the same zone, the applicant seeks relief to add storage to his property. c. The special conditions or circumstances do not result from the actions of the applicant. The special conditions do result from the actions of the applicant.