2015.08.18 PC Packet Combined - Laserfiche WebLink

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Section 8-210. Variance Standards. SITE CHARACTERISTICS Location: Lot Size: Topography: Comprehensive Plan Designation: Zoning: Surrounding Land Uses: North: South: East: West: 1509 28th AVE NW 10,382 SF (0.24 Acres) slopes west (high) to east (low) LDR, Low Density Residential R — 1, Single Family Residential single family homes single family homes pond — single family homes 28th AVE NW — Hidden Oaks Park VARIANCE ANALYSIS The applicant is requesting a variance to permit construction of a 236 SF (19'8" x 12') third story with attached deck measuring 16'8" x 7'5". Zoning Code Section 4-040 permits a 2 '/2 story home. The existing lowest level of the home is considered a story because less than 50% of the perimeter is located below grade. Thus, with the proposed addition above the main floor and lowest floor, a variance for a third floor is required. Section 8-210 states that variance requests shall be considered in accordance with Minnesota Statutes 462.357, subdivision 6, which states the following: "...Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems ... The board or governing body as the case may be may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance." Based on Minnesota Statutes 462.357, subdivision 6, the following criteria must be examined (staff responses in italics): 1) There are practical difficulties in complying with the Zoning Ordinance. The applicant has the option to construct a half story and achieve livable square footage in excess of the 236 SF being sought by the third story. The difference between a half story and the proposed third story is purely architectural in nature. The applicant desires the third story design more than the half story design, but there are no practical difficulties that would prevent the applicant from constructing a half story.