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Select Senior Living Staff Report <br />August 6, 2008 <br />Page 7 <br /> <br /> <br />The small section of the building that is encroaching into the side yard setback is where a <br />stairwell and a corner unit are located within the building. The city code requires that senior <br />housing in an R-4 district have a 40 foot side yard setback versus all other R-4 multiple family <br />housing is only required to have a 20 foot side yard setback. The encroachment is four feet <br />and six feet, which still gives this section of the building 36 and 34 foot setbacks. <br /> <br />b. The literal interpretation of the provisions of this Title would deprive the applicant of rights <br />commonly enjoyed by other properties in the same district under the terms of this Title. <br /> <br />The literal interpretation of the provisions of the Zoning Code would not necessarily deprive <br />the applicant of rights enjoyed by other properties in the same zone. Denying the requests for <br />increased density, reduced unit sizes and reduced parking, however would limit their ability to <br />proceed with this project. <br /> <br />Granting the variance to allow the additional two feet of roof overhang would not confer upon <br />the applicant a special privilege in that other property owners are able to apply for a variance <br />in order to improve the function or appearance of their property. <br /> <br /> <br />c. That the special conditions or circumstances do not result from the actions of the applicant. <br /> <br />This type of senior housing is new to Mounds View, but is the commonly built type in the area. <br /> The city has not yet addressed in the city code some of the unique characteristics of assisted <br />living and memory care housing. The applicant and the city would have preferred this project <br />to be zoned PUD, but per city code, more land is required in order to use this designation. <br />Most of the lots in Mounds View are small and the applicant would need to buy one or more <br />lots (that are not for sale) in order to have at least 3 acres needed for a PUD. <br /> <br />d. That granting the variance requested would not confer on the applicant any special privilege that is <br />denied by this Title to owners of other lands, structures or buildings in the same district. <br /> <br /> Granting the variance would not confer upon the property owner a special privilege in that every <br />property owner has the right to apply for a variance to improve the function and viability of their <br />development proposal. <br /> <br />e. That the variance requested is the minimum variance which would alleviate the hardship. <br />Economic conditions alone shall not be considered a hardship. <br /> <br />The applicant believes this is the minimum variance to alleviate the hardships, as it allows for a <br />well designed project with new housing options for Mounds View residents, and fits the <br />architectural characteristics of a residential neighborhood. <br /> <br />f. The variance would not be materially detrimental to the purpose of this Title or to other property <br />in the same zone. <br /> <br />Granting these four variances would not be materially detrimental to the purpose of the Code, <br />especially since the city is in the process of amending the code to address most of the issues <br />requiring variances.