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Planning Case VR2016-04 <br />September 7, 2016 <br />Page 3 <br />f. The variance requested is the minimum variance which would alleviate the <br />practical difficulties. Economic conditions alone do not constitute practical <br />difficulties. <br />g. The Board of Adjustment and Appeals may impose such conditions upon the <br />premises benefited by a variance as may be necessary to comply with the <br />standards established by this Title or to reduce or minimize the effect of such <br />variance upon other properties in the neighborhood and to better carry out the <br />intent of the variance. The condition must be directly related to and must bear <br />a rough proportionality to the impact created by the variance. <br />Staff's analysis of the seven criteria is listed in Resolution 1055-16. In summary, the <br />practical difficulty (criteria c & d) is that the private 30' wide drainage easement <br />significantly reduces the buildable area of the lot. The private easement was created by <br />an agreement between the adjacent Silver Lake Commons Apartments owner (MSP <br />Real Estate) and the previous owner of the subject property (Mary Larson) in 1997 in <br />response to the City's approval of a Site Plan Review for the expansion of the <br />apartments. <br />If the Variance is approved, the front yard setback would be reduced from 54' to 30'. <br />The proposed home would have a front yard depth about half that of other homes on <br />the same side of the street (criteria e), but would still comply with the minimum 30' front <br />yard setback found elsewhere in the R-1 District (criteria f). <br />Other options are for the owner to choose an alternative floor plan that would fit within <br />the lot's buildable area. The buildable area as -is measures approximately 64' wide X <br />58' deep, and is triangularly shaped. <br />After the developer (Kayak Properties) of the 2016 subdivision conducted the Title <br />Search revealing the easement, the developer contacted the owners of Silver Lake <br />Commons Apartments (Mounds View Family Housing), requesting that they vacate the <br />private easement, which they chose not to do. <br />Public Comments <br />A Public Hearing Notice was published in the New Brighton / Mounds View Sun Focus <br />on August 19, 2016, and mailed to property owners within 350' of the subject property. <br />Staff received an email from a resident opposed to the Variance because the proposed <br />home with a reduced setback would look out of place, and because the existing wooded <br />front yard blocks noise and lights from properties along Mounds View Blvd (Co Rd 10). <br />