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10-05-2016
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10-05-2016
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MV City Council
City Council Document Type
City Council Packets
Date
10/5/2016
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Planning Case VR2016-04 <br />October 5, 2016 <br />Page 2 <br /> <br />Prior to the Title Search, neither the developer nor the current property owner (Value <br />Homes) knew about the easements. For a Minor Subdivision, a Title Search is not <br />required prior to plat approval, but prior to recording the plat at Ramsey County (City <br />Code, Section 1202.01, Subd 2(b). <br /> <br />Due to the private drainage easement and the 54’ front yard building setback <br />requirement, the developable area of the lot is significantly reduced. <br /> <br /> <br />Analysis <br />City Code, Title 1100, Chapter 1104, Section 1104.01, Subdivision 3(a): Yard <br />Requirements; <br /> <br />Where principal buildings in existence on lots within the same block <br />on the same side of the street have front yard setbacks different from <br />those required, the minimum front yard setback for any new principal <br />buildings shall be the minimum front yard setback in existence for <br />any one lot. In no case shall the front yard setback be less than thirty <br />feet (30’). For purposes of this subsection a, a block shall be defined as <br />that group of lots lying along a street between the two closest intersecting <br />streets, except that where the length of the street frontage between the <br />two intersecting streets is greater than fourteen hundred feet (1,400’), the <br />block shall be the lots within six hundred and fifty feet (650’) on either side <br />of the lot in question, or to an intersecting street whichever is less. <br /> <br />Homes on the west side of the street are set back between about 54’ and 60’. The <br />adjacent home (7800 Eastwood Rd) is set back 59’. If the Variance were approved, the <br />proposed home may look inconsistent because of the shallower front yard, but the 30’ <br />front yard setback would be consistent with minimum requirements elsewhere in the R-1 <br />District. <br /> <br />On the east side of the street, homes are set back between about 45’ and 77’. <br /> <br />City Code, Title 1100, Chapter 1125, Section 1125.02, Subdivision 2 includes the seven <br />criteria for granting Variances. A Variance may be granted only in the event that all of <br />the following circumstances exist: <br /> <br />a. The variance is in harmony with the general purposes and intent of this Title. <br /> <br />b. The variance is consistent with the comprehensive plan. <br /> <br />c. The applicant proposes to use the property in a reasonable manner not <br />permitted by this Title or the City Code.
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