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2917 County Rd H2 CUP & VR Request <br />August 7, 2013 <br />Page 3 <br /> <br /> <br />The Zoning Code states that the Planning Commission may issue a variance to provide relief <br />to the landowner in those cases where the Code imposes practical difficulties to the property <br />owner in the use of the property owner’s land. This is true for all variance requests. State <br />statutes require that the governing body review a set of specified criteria for each application <br />and make its decision in accordance with these criteria. These criteria are set forth in Section <br />1125.02, Subdivision 2, of the City Code. A variance may be granted only in the event that <br />all of the following circumstances exist: <br /> <br />a. The variance is in harmony with the general purposes and intent of these <br />regulations. <br /> <br />The zoning code limits the height of buildings in order to maintain visual consistency <br />throughout neighborhoods. This garage is already 21 feet tall and allowing the expanded <br />area to continue the same height will visually and practically make more sense than having <br />only the rear 10 feet of the garage be a different height. The 21 foot height met the Zoning <br />Code at the time it was built. <br /> <br />b. The variance is consistent with the Comprehensive Plan. <br /> <br />While the Comprehensive Plan does not specify design or size criteria for buildings, it does <br />support improvements to and the maintenance of properties. <br /> <br />c. The applicant proposes to use the property in a reasonable manner not permitted by <br />this Title or the City Code. <br /> <br />The property owners have hobbies that require a lot of storage, and want to keep the exterior <br />of their yard looking neat by being able to store their things inside. <br /> <br />d. Unique circumstances apply to the property which do not apply to other properties in <br />the same zone or vicinity and result from lot size or shape, topography or other <br />circumstances over which the owner of the property since the enactment of this Title has had <br />no control. The unique circumstances do not result from the actions of the applicant. <br /> <br />This existing garage is a height that previously met the Zoning Code, but because the Code <br />was recently amended, it is now a non-conforming structure. <br /> <br />e. The variance does not alter the essential character of the neighborhood. <br /> <br />The applicant’s neighborhood consists of large, almost one acre size lots, and the applicant <br />has a 2-story house, so the height and garage size does not feel overwhelming to the property <br />or the neighborhood. The expanded garage will have no effect on the look of the property <br />from the street. <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 21 foot height variance is the minimum variance needed to alleviate the practical <br />difficulties since the garage already exists.