PC Packet 09.12.19 - Laserfiche WebLink

Home

Gopher State Storage Site Plan and Variance Page 5 The applicant is requesting approval of a variance from the front yard setback requirements to construct the building 0 feet from the right-of-way easement on the west side of the property, where 30 feet is required by ordinance. The building will be 39 feet from the west property line, consistent with the other existing buildings on the property. VARIANCE STANDARDS: The Board must review the requested variances with the standards outlined in Section 90-38 of the land use regulations. Staff used these standards to review the variance request and finds the following: (1) Law. The variance as requested is permissible by law. The proposed variance is permissible by law. (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term "Practical Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and, The property does have constraints due to regards to an existing drainage ditch, floodplain, high ground water, wetlands, right-of-way dedication, and a sanitary sewer pipe going through the property. This does limit the buildable area of the property. A three story building with a maximum height is allowed on in the zoning district as well as the use proposed. Placing a building in that location is a reasonable use of the property. b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The property has constraints due to the natural features on the property and the limited buildable area on the site. The right-of-way easement further limits the buildable area if all setback were meet, creating a very small area to build. The right-of-way easement was required to be dedicated with the approval of the previous site plan, creating a new setback requirement for the site. The building is 39 feet from the west front property line. c. Character ofNei,-hborhood. The variance, ifgranted, will not alter the essential character of the neighborhood. The new proposed three story building would be in line with the existing buildings on the property. There are homes in the area that are a similar distance from Highway 61 as the proposed building. However, the building it is taller than the adjacent buildings. The proposed building materials and architecture breaks up the large massing of the building and helps the building be more cohesive with the existing buildings. In the General