05-15-2013 - Laserfiche WebLink

Home Browse Search

Planning Case VR2013-002 May 15, 2013 Staff Report Page 2 Variance Criteria Review: As with any variance application, for the Planning Commission to act favorably, there must be a demonstrated practical difficulty associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive to a property owner. State statutes require that the governing body 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 individual criteria, with responses, are as follows: a. The variance is in harmony with the general purposes and intent of these regulations. The zoning code requires minimum building setbacks for aesthetics and to provide separation and some sense of privacy between neighbors. The required setbacks typically can be met, but this lot is oddly shaped and has a very shallow backyard which is causing the difficulty. b. The variance is consistent with the Comprehensive Plan. The Comprehensive Plan supports improvements to properties, and certainly encourages home improvements, especially ones that allow families to take care of each other and age in place. c. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. The applicants want to add a bedroom and full bathroom to the main floor of the house in order for an elderly family member to be able to comfortably live with them and not need to use stairs. This improvement will also allow the homeowners to be able to stay in the home longer and age in place since there would be a main floor bedroom and full bath to use if stairs become difficult for them in the future. d. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this Title has had no control. The unique circumstances do not result from the actions of the applicant. The unique circumstances which apply to this property are that a 25-foot rear setback is much less than normal and less than the City Code requires, and the six- sided lot with five of the property lines being angled makes it difficult to meet setbacks. Most other property owners could build additions on the rear of their homes and meet the 30 foot rear setback requirement. e. The variance does not alter the essential character of the neighborhood. The 2-foot side setback and 5-foot 6-inch rear setback variances requested are the minimum that would be necessary in order to add the desired interior square footage and keep the exterior house style and roof lines aesthetically pleasing.