Agenda - Planning Commission - 05/05/2011

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SECTION 9: ADDITIONAL INFORMATION Variance: 115 Clay Cliffe Drive CityCouncilReport; 11-11-08 (cont.) Variance. A variance is a relaxation of the terms of the Zoning Ordinance where such deviation will not be contrary to the public interest and where, owing to conditions unique to the individual property under consideration and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. Variance By state statute, there are three definitive criteria that all variances must address. The Criteria: three criteria are as follows, along with staff's analysis of the applicant's request. A. Is the variance request reasonable? The hardship requirement does not mean that a property owner must show the land cannot be put to any reasonable use without the variance. Rather, the property owners must show that they would like to use their property in a reasonable manner that is prohibited by the ordinance. Staff Comments: Staff finds this request is reasonable as the proposed lanai is conforming to all setbacks specific to the lot lines defining this lot; most notably it meets the two eight (8) foot setback requirements from the northwestern and northeastern property lines. The nonconformity relates to the required OHW setback from the lakeshore on the adjacent lot. This lakeshore setback cuts into the otherwise buildable area on the northeastern side of the home, making it difficult to locate a porch off the back of the home. Staff finds this criteria is met. B. Does the application present unique circumstances? Staff Comments: The lot in question presents a unique circumstance in that it must comply with an additional setback not related to the lot lines defining this lot. This additional setback limits the landowners ability to construct a porch off the rear of the home that would otherwise be allowed. Staff fmds this criteria is met. C. If approved, would the variance alter the essential character of the locality? Staff Comments: Granting of the requested lakeshore setback variance would not impact the character of the neighborhood. Please note that the Clay Cliffe Homeowners Association architectural control committee has reviewed the proposed lanai and has approved the plans. It is the Homeowners association that owns the adjacent lakeshore, so they would be the only party potentially impacted by the proposed construction. Staff fmds this criteria is met. The applicant must also establish and demonstrate compliance with the variance criteria set forth in Tonka Bay City Code Section 1004.02 Subd 3. before an exception or modification to city code requirements can be granted by the City Council. The following are the nine additional criteria established by code, along with staffs analysis of the applicant's request(s). U. IProposalslFiled by ErnployeelBen Gozola\City of Mendota HeightsExample Rep --TB Variance and CUP_2008 doe Page 4 City of Ramsey I Proposal for Routine Professional Planning Services 28