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Variance: 115 Clay Cliffe Drive <br />City CouncilReport; 11-11-08 <br />(cont.) <br />SECTION 9: ADDITIONAL INFORMATION <br />In considering all requests for a variance and in taking subsequent action, the City <br />Council shall make a finding of fact that proposed action will not: <br />A. Impair an adequate supply of light and air to ad <br />iacent property <br />Staff Comments: The requested variance will have no if any impact on the <br />availability of light and air to adjacent properties. Staff finds this criteria is met. <br />B. Unreasonably increase the congestion in the public street. <br />Staff Comments: The addition of a lanai to this home will have no impact on <br />traffic. Staff finds this criteria is met. <br />C. Increase the danger ogre or endan eg r the public safety. <br />Staff Comments: The addition of a lanai to this home will have no impact on fire <br />danger related to a single family dwelling, nor will it pose a danger to public <br />safety. Staff finds this criteria is met. <br />D. Unreasonably diminish or impair established property values within the <br />neighborhood, or in any way be contrary to the intent of this Ordinance. <br />Staff Comments: Improvements to properties such as this will typically (if <br />anything) increase surrounding property values rather than have a negative impact. <br />With regards to fulfilling the intent of the ordinance, the unique location of this <br />home and the unique configuration of the lakeshore ensure that no lakeshore views <br />will be impacted. And provided the City finds the resulting hardcover and <br />shoreland impact plan is acceptable, then the other reasons for meeting lakeshore <br />setbacks will also be fulfilled. Provided the requested CUPS are granted, staff <br />finds this criteria is met. <br />E. Violate the intent and purpose of the Comprehensive Plan. <br />Staff Comments: The Comprehensive Plan calls for this area of the City to be <br />used for single-family dwellings, and for development to occur in an orderly <br />fashion in a manner best for the community. Provided the requested CUPs are <br />granted, staff finds this criteria is met. <br />F. Violate anv ofthe terms or conditions of 1004.02 Subd 4. <br />1004.02 Subd 4. Conditions. A variance from the terms of this Ordinance shall <br />not be granted unless it can be demonstrated that: <br />a. Undue hardship will result if the variance is denied due to the existence of <br />special conditions and circumstances which are peculiar to the lana structure, <br />or building involved and which are not applicable to other lands, structures or <br />buildings in the same district. <br />1. Special conditions may include exceptional topographic or water <br />conditions or, in the case of an existing lot or parcel of record, <br />narrowness, shallowness, insufficient area or shape of the property. <br />U. IFroposalslFiled by Employee lBen Gozo&City ofMendota Heights lExample Rep --TB Variance and CUP 2008.doc <br />Page 5 <br />_V <br />MFRA Inc. <br />29 <br />