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Miller Wright Report August 17, 2005 Page 2 Variance Considerations: For a variance to be approved, there needs to be demonstrated hardship or practical difficulties 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 (the Planning Commission) 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 staff responses are as follows: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control. The lot at 2832 County Road 10 has very little change of elevation over the property which causes practical difficulties dealing with stormwater runoff. The poor grade has always been a condition of the site. b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. Staff is unable to address whether the literal interpretation of the Codes (the five foot setback requirement) poses a practical difficulty on the property owners or would deprive them of rights due others. The building is situated approximately 32 feet from the east property line, which means, less the five-foot setback, there is 27 feet in which to grade the lot to promote positive drainage both away from the building and north and south of the building. c. That the special conditions or circumstances do not result from the actions of the applicant. The parcel at 2832 County Road 10 is a flat lot with little change of elevation. The applicants have done nothing to create or worsen their situation. d. That granting the variance requested would not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district. Granting a variance to promote positive stormwater runoff would not be a special privilege. It remains to be seen, however, whether the encroachment would offer any additional benefit over what is there present. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. Mr. Perrozzi is requesting the variance to provide grading flexibility when it comes time to paving the lot. He has suggested that a zero-foot setback would provide maximum flexibility. Staff is not sure the encroachment will offer any additional benefit