Laserfiche WebLink
Sjerven Variance <br />Page 2 <br />4. ANALYSIS: <br />A. Surrounding Land Use and Zoning <br />The surrounding properties are zoned Single Family Detached Residential (R-3) and classified as <br />Low Density Residential (LD) in the 2030 Land Use Plan. The properties are occupied by single <br />family homes. <br />B. Accessory Structure Size Variance <br />The City Code allows properties under 1.5 acres one accessory structure with a maximum size of <br />260 square feet. The applicant is requesting a variance to allow an addition on an existing <br />accessory structure to form one accessory structure with a size of 540 square feet. <br />5. VARIANCE STANDARDS: <br />The Board must review the requested variances with the standards outlined in Section 90-38 of the <br />land use regulations. Staff used these standards to review the variance request and finds the <br />following: <br />(1) Law. The variance as requested is permissible by law. <br />The proposed variance is permissible by law. <br />(2) Practical Difficulties. The applicant for a variance shall establish that there are practical <br />difficulties in complying with the provisions of the zoning regulations. The term "Practical <br />Difficulties" as used in the granting of a variance means: <br />a. Reasonable Use. The property owner proposes to use the property in a reasonable <br />manner not permitted by the zoning ordinance and; <br />Accessory buildings are allowed in the Single Family Detached Residential (R-3) zoning <br />district. The applicant is proposing to use the property in a reasonable manner. <br />b. Unique Circumstances. The plight of property owner is due to circumstances unique <br />to the property not created by the landowner and; <br />The property is unique in that it is a large lot (1.2 acres) in a development generally <br />comprising of .25 acre properties. It is also unique that the property is not surrounded by <br />homes, as it is located adjacent to Egg Lake and has wetlands providing a buffer from <br />surrounding properties. The applicant has a large wetland complex separating its <br />neighbor to the west, which sets the neighbor's home approximately 600 feet from the <br />current accessory structure. There are no neighbors to the south, as that area is a large <br />wetland complex. The proposed building addition will occur on the west side of the <br />2 <br />