Laserfiche WebLink
Tennyson Variance <br />Page 3 <br /> <br /> <br /> 3 <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 /> <br />The property has a home and accessory building on the property. The property owner <br />would like to reconstruct the accessory building because the age and condition of the <br />garage. Accessory buildings are allowed in the Rural Residential (RR) zoning district and <br />meets the size allowed in that zoning district. <br /> <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 /> <br />The property is unique because it narrow and sits tightly between Sunset Lake and Ingersoll <br />Avenue North. Between the home and the accessory building are the septic system lines <br />and well that limit construction of a building in that location. Further, construction of a <br />building on any portion of the site would require a variance. The strict enforcement of the <br />ordinance would cause undue hardship because the property owner would not have a <br />building area for an accessory building without the granting of variances. <br /> <br />c. Character of Neighborhood. The variance, if granted, will not alter the essential <br />character of the neighborhood. <br />Several homes and accessory buildings in the area do not meet the shoreland setback <br />requirements. The building is proposed to be in line with the other homes in the area. The <br />proposed variance requests would not change the overall character of the area. <br />It is in staff opinion that there are practical difficulties in meeting the shoreland setback <br />requirements. If the applicant were to meet the shoreland setbacks, there would not be a building <br />area for an accessory building. The proposed building area related to the proposed setbacks will <br />fit in with the other homes and accessory buildings on the neighborhood. <br /> <br />(3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and <br />intent of this chapter and with the policies of the City’s Comprehensive Plan. <br />The spirit and intent of the shoreland setback requirement is to keep buildings a reasonable <br />distance from the lakes. There is an accessory building already on the property and the applicant <br />is simply requesting to reconstruct the accessory building. The variance requests would not <br />change the overall character of the area, therefore, would meet the spirit and intent of the <br />ordinance. <br />(4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use <br />prohibited in the district. <br /> <br />The construction of an accessory building is allowed in the RR zoning district. <br /> (5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood <br />protection than required by this chapter. The variance shall be determined the minimum <br />necessary, considering the flood hazard, to afford relief, and the variance shall not be issued