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SECTION 9: ADDITIONAL INFORMATION <br />Variance: 115 Clay Cliffe Drive <br />City Council Report; 11-11-08 <br />(cont. <br />2. Undue hardship caused by the special conditions and circumstances may, <br />not be solely economic in nature, if a reasonable use of the property exists <br />under the terms of this Chapter. <br />Staff Comments: The home at 115 Clay Cliffe Drive was the original home <br />around which the Clay Cliffe development was platted. As such, it was not <br />originally constructed with current codes and setbacks in mind which results in <br />the existing home being nonconforming to lakeshore setbacks on both sides of <br />the point. The age of the home, the narrowness of the point, and the fact that <br />the proposed addition meets all setbacks specific to the lot lines defining the <br />parcel work together to define a special set of circumstances for construction <br />on this lot. Staff finds this criteria is met. <br />b. Literal interpretation of the provisions of this Ordinance would deprive the <br />applicant of rights commonly enjoyed by other properties in the same district <br />under the terms of this Ordinance or deny the applicant the ability to put the <br />property in question to a reasonable use. <br />Staff Comments: Construction of a porch or deck off the rear of a home is <br />commonplace throughout the City. Because of the unique lakeshore <br />configuration on the adjacent lot, constructing a useable rear facing deck on <br />this home would be difficult given the homes configuration. As we have also <br />found the request is reasonable, we do find this criteria is met. <br />c. The special conditions and circumstances causing the undue hardship do not <br />result from the actions of the applicant. <br />Staff' Comments: As previously noted, this was the original home on the <br />point around which the Clay Cliffe development was established. The current <br />owners did not build the home and are not responsible for the existing <br />nonconformities or difficulties that arise for construction of the proposed lanai. <br />Staff finds this criteria is met. <br />d. Granting the variance requested will not confer on the applicant any special <br />privilege that is denied by this Ordinance to other lands, structures or <br />buildings in the some district under the same conditions. <br />Staff Comments: Construction of a porch off the rear of a home is normal <br />and customary throughout the city. Provided the CUPs for hardcover and the <br />shoreland impact plan are granted, there are no identified impacts being <br />created by the proposed lanai. We find no reason to believe that a special <br />privilege would be granted to the property owner given the facts outlined in <br />our analysis. Staff finds this criteria is met. <br />U IProposalsTiled by Employer Ben GozolalCity ofMendota HeightslExample Rep --TB Variance and CUP _2008.doe <br />Page 6 <br />City of Ramsey I Proposal for Routine Professional Planning Services <br />30 <br />