VN05-03_NC05-03_2830 Forestdale Rd (2)

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Page 3 space(family room&laundry)here. The proposed addition to the garage requires a variance and will be examined in the next section below. Under New Brighton City Code Section 8-460,the dwelling is considered a Type 4 Nonconformity. When Type 4 Nonconformities exist, expansion of an existing structure is not authorized without a nonconforming use permit. The Council may grant a nonconforming use permit if one or more of the following conditions are met: A. The total number of nonconformities is reduced. B. The impact of any nonconformity upon adjacent premises is reduced to the greatest practical extent. C. The extent of any nonconformity is reduced where practical. The nonconformity that exists on site is as follows: • The attached garage encroaches into the required 30 front yard setback The Planning Commission can recommend approval if the applicant has reduced where practical the non-conformities. The applicant does not think it is practical to remove a portion of the existing two car garage that encroaches into the setback. Furthermore,the applicant wishes to add a third stall onto the garage which would make the building façade five feet closer to the street(see variance discussion below). I do not see any issues with the proposed family room and laundry room components of the plan. The additions will enhance the home will not have a detrimental appearance upon adjacent properties or the neighborhood in general. The Planning Commission should recommend approval of the Type 4 Non-conforming Use Permit for the addition to the living space components only. Any approval should specifically not include the garage expansion. Variance Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of the Zoning Code,the City Council shall have the power, in a specific case,to permit a variance from the provisions of the Zoning Code A variance may be granted from the literal provisions of the Zoning Ordinance in instances where strict enforcement would cause an undue hardship because of unique circumstances and when it is demonstrated that such a variance would be consistent with the spirit and intent of the ordinance. The crucial points of the variance are: (1)Undue hardship. (2)Unique circumstances. (3)Applying to property. (4) Conformance with the comprehensive plan. (5)Variance shall not be detrimental to adjacent property or to the public as a whole. (Code of 2001) I:\COMMISSIONS\PLANNING\Reports\2005\09-20-05\VN05-03 NC05-03_2830 Forestdale Rd.doc