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PL PACKET 03272017
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PL PACKET 03272017
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4/4/2017 12:09:26 PM
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3/24/2017 9:44:28 AM
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February 23, 2017 <br />Page 4 <br /> <br />4. The granting of the variance is in harmony with the general purposes and intent of the zoning <br />code. <br />The intent of the zoning code is to protect the health, safety, and general welfare of the city and <br />its people through the establishment of minimum regulations governing land development and <br />use. The zoning code is established to: protect the use districts; promote orderly development <br />and redevelopment; provide adequate light, air, and access to property; prevent congestion in <br />the public streets; prevent overcrowding of land and undue concentration of structures by <br />regulating land, buildings, yards, and densities; and provide for compatibility of different land <br />uses. <br />The entryway addition proposed by the applicant does not in any way conflict with the spirit or <br />intent of St. Anthony’s zoning code. The impact to surrounding property owners and community <br />members will be negligible, and will not be harmful to the health, safety or general welfare of <br />the neighborhood. Criterion met. <br /> <br />Request #2: Request for a 2-foot variance to exempt the porch steps from five-foot <br />encroachment allowance <br />1. The subject matter of the application is within the scope of this section. <br />The application for a variance to encroachment length is an eligible subject matter for variance <br />criteria because these factors are related to dimensional and/or bulk standards. Criterion met. <br />2. Strict enforcement would cause practical difficulties because: <br />a. The property owner proposes to use the property in a reasonable manner not permitted <br />by the zoning code; <br />The applicant is proposing two steps that lead up to a proposed porch. The porch itself <br />meets the encroachment requirements. Steps are a necessary element for this home, <br />given the lot grading and the height of the front door, and the inclusion of the proposed <br />steps in the proposed location is reasonable. Criterion met. <br />b. The plight of the property owner is due to circumstances unique to the property not <br />created by the property owner; <br />Given the depth of the porch necessary to accommodate the range of motion of the <br />front door, the steps extend past the maximum encroachment depth by necessity. <br />Criterion met. <br />c. The variance, if granted, will not alter the essential character of the locality; and <br />Granting of this variance will not alter the essential character of the neighborhood. A set <br />of steps leading up to a front entrance that extend beyond the front façade of the home <br />is a common occurrence on this block and in the City of St. Anthony in general where <br />often the lot grade requires steps in order to reach the front entrance. At their low <br />height, the steps as proposed do not create a visual impairment or obstruction for <br />neighboring property owners. Criterion met. <br />d. Economic considerations alone are not the basis of the practical difficulties. <br />The applicant’s request is not related to any financial considerations and granting the <br />variance would not relieve the applicant of any financial hardship. Criterion met. <br />3. The variance, if granted, would be consistent with the City’s comprehensive land use plan. <br />14
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