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STAFF REPORT <br /> DATE: April 16, 1996 <br /> TO: Planning Commission Members <br /> FROM: Kim Moore-Sykes, Management Assistant <br /> ITEM: Variance Request for Lots 8 and 10 of the Village <br /> Commons; 3925-8 and 3925-10 Fordham Drive <br /> BACKGROUND: <br /> Bruce Nedegaard, President of Nedegaard Custom Home contacted Staff to inform us that <br /> the surveyor determined that the hearth rooms of the twin home units on lots 8 and 10 <br /> could not be built as planned because each unit extends nine feet into the rear yard <br /> setbacks of the lots. In a letter submitted to Staff, Mr. Nedegaard explained that without <br /> the hearth rooms for these units, he will be unable to sell them. The hearth rooms were <br /> designed as additional living space with a fireplace and built in cabinetry. These features <br /> cannot be incorporated into the floor plan without the inclusion of the hearth room. <br /> The ordinance states that the rear setbacks for twin homes is to be 25 feet from the <br /> property line. If the hearth rooms are built, they will be 16 feet from the property line. <br /> Lot 8 is situated directly south of the Evergreen Townhomes complex and Lot 10 is <br /> southeast of the Reid property. <br /> RECOMMENDATION: <br /> Staff supports a recommendation of approval by the Planning Commission of the 9 foot <br /> variance requests for Lots 8 and 10. The Minnesota Statutes require that requests for <br /> variances meet the following "undue hardship" criteria: <br /> 1. The )ropertv cannot be put to reasonable use Mr. Nedegaard has stated in his <br /> letter that=if the requests`for the variances are denied, he will not be able to sell the <br /> units. Since the replatting of the lots were approved based on a survey showing <br /> proper lot lines and twin home footprints within setbacks, denial of the variance <br /> requests would not allow the property to be put to its intended or reasonable use. <br /> 2. Circumstances causin the hardship were not created by the owner. Because the <br /> request for 9 foot variances is based on an error apparently made by their surveyor, <br /> the circumstances causing this situation were not created by Mr. Nedegaard. <br /> 3. The variance will not alter the character of the locality. If granted, the variances <br /> will not cause an alteration of the established residential character of the area. <br /> Strict enforcement of the setback requirements would therefore cause undue hardship. <br /> 416stapt <br />