Agenda - Planning Commission - 10/09/2014

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variance permitting it. The details of the request have been forwarded to the Department of Natural Resources (DNR) as a courtesy (while they no longer have certification authority over variances, they are the agency tasked with oversight of the Wild and Scenic River Rules). As of the writing of this case, the City has not received any feedback on the request from the DNR. When contemplating a variance request, there is a three (3) factor test for practical difficulties that must be met by the Applicant. The following are the three (3) factors: 1. Is the property owner proposing to use the property in a reasonable manner? 2. Is the landowner's problem due to circumstances unique to the property and not caused by the landowner? 3. If granted, would the variance alter the essential character of the locality? The proposed use, a detached accessory building, is certainly a reasonable use for the R-1 Residential (MUSA) district and would not alter the essential character of the locality. The Scenic River Land Use District does present unique standards that are not applicable to all properties within the community and are not a result of actions of the Applicants. Alternatives Option # 1: Adopt Resolutions # 14-10-206 and # 14-10-207 granting a variance to the minimum required setback from the OHWM of the Rum River for the construction of a detached accessory building and allowing a third access point to the street. The proposed Building would be further back from the OHWM of the Rum River than the home on the Property and would well exceed the required bluff line setback. Furthermore, the Building would likely be rather inconspicuous from the water surface due to the proposed setback, existing screening, and the grade difference. The Building would comply with all other standards for an accessory building. Staff supports this option. Option #2: Deny the request for a variance to deviate from the required setback from the OHWM of the Rum River. While the Building location does not comply with the required setback, it will be further from the river than the home and will be well screened, due to the existing vegetation and the difference in elevation. Staff does not support this option. As a reminder, the Planning Commission acts in a quasi-judicial capacity rather than an advisory board when considering a variance request. Funding Source: All costs associated with this request are the Applicant's responsibility. Recommendation: City Staff recommends approving the request for a variance to deviate from the required setback from the OHWM of the Rum River. Action: Motion to adopt Resolution #14-10-206 approving Findings of Fact #0936 Resolution #14-10-207 approving the request for a variance to the required setback from the OHWM of the Rum River. Attachments Site Location Map Applicant's Site Plan