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09-02-2015
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09-02-2015
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MV City Council
City Council Document Type
City Council Packets
Date
9/2/2015
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5231 Irondale Variance Report <br />September 2, 2015 <br />Page 2 <br /> <br /> <br />b. The variance is consistent with the Comprehensive Plan. <br /> <br />The Comprehensive Plan supports improvements to properties. The applicant, owning a <br />smaller lot, is at a disadvantage to improve the property as other homeowners might because <br />the house was placed with the minimum front setback. Every property owner has the right to <br />apply for a variance to improve the function and livability of their property. <br /> <br />c. The applicant proposes to use the property in a reasonable manner not permitted by this <br />Title or the City Code. <br /> <br />The applicant only wants to improve the look of the house and to stop the water and ice from <br />pouring onto the front steps which causes safety issues. Because of the smaller lot and <br />minimum setback, expansion and reinvestment becomes more of a challenge. <br /> <br />d. Unique circumstances apply to the property which do not apply to other properties in the <br />same zone or vicinity and result from lot size or shape, topography or other circumstances <br />over which the owner of the property since the enactment of this Title has had no control. <br />The unique circumstances do not result from the actions of the applicant. <br /> <br />The circumstances are not a result of actions by the property owner. The house is a rambler <br />style and the front half of the roofline slopes towards the front yard, so all the water and snow <br />runs off the roof right in front of the front door and onto the steps. Granting the variance would <br />not confer upon the property owner a special privilege in that many property owners do not <br />have to work with these setback constraints. The City has approved similar variances to allow <br />roof extensions for covered front stoops to encroach into front setbacks. <br /> <br />e. The variance does not alter the essential character of the neighborhood. <br /> <br />The proposed roof extension should add curb appeal to the house, which would benefit the <br />neighborhood. <br /> <br />f. The variance requested is the minimum variance which would alleviate the practical <br />difficulties. Economic conditions alone do not constitute practical difficulties. <br /> <br />The two-foot variance is the minimum variance needed since the Zoning Code minimum front <br />setback is 30 feet and allows only a two-foot encroachment. Anything less than a 4-foot roof <br />extension will not keep the water and ice completely off of the front steps. <br /> <br />g. The Planning Commission may impose such conditions upon the premises benefited by a <br />variance as may be necessary to comply with the standards established by this Title or to <br />reduce or minimize the effect of such variance upon other properties in the neighborhood, <br />and to better carry out the intent of the variance. The condition must be directly related to <br />and must bear a rough proportionality to the impact created by the variance. <br /> <br />Staff suggests that a condition be added to give a deadline for the completion of this project, <br />such as 1-year from the date of permit issuance. There have been concerns from neighbors <br />that exterior construction projects on this property are not completed in a timely manner.
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