2022.02.07 CC Packet - Laserfiche WebLink

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Kruse Variance Page 2 2 3. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City’s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards in the ordinance. 4. ANALYSIS: A. Surrounding Land Use and Zoning The property is guided as Large Lot Residential (LL) in the 2040 Land Use Plan and is zoned Rural Residential (RR). The property is vacant. The surrounding properties are also guided LL and zoned RR. The properties are a combination of large lots and small lots closer to Sunset Lake. B. Natural Characteristics of the Site The property is along Sunset Lake. There are wetlands present on the property along the lake. The City’s wetland specialist has looked and the site and no wetlands are proposed to be impacted with the application requests. The property slopes down towards the lake. C. Variance Standards Shoreland and Front Yard Setback Variances The applicants are requesting the two following variances: 3. A building setback to be 21.2 feet from the Ordinary High Water (OHW) mark of Sunset Lake, where 100 feet is required by ordinance. 4. A building front yard setback to be 19.3 feet from the front property line, where 40 feet is required by ordinance. Staff used these standards to review the variance request and finds that it meets the standards as follows: (1) Law. The variance as requested is permissible by law. The variance request 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;