Agenda - Council - 08/27/2024 - Laserfiche WebLink

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Should the variance be approved,the structure will need to have a building permit. It is likely that the structure will need to be rebuilt to meet the fire rating requirements. Variances to the Building Code are not possible since this is a state-wide regulation. The applicant has met with the City's Building Official to discuss correction options. The onus is on the applicant to provide plans to the Building Inspections Division for a permit review. This could mean hiring a licensed design professional to assist the applicant in exploring options and preparing the plans. Variance The applicant is requesting a variance to the side yard setback requirement of 5 feet for both the slab and the lean-to structure. City Code mirrors state law on the possible justification criteria for granting variances. Overall, the request must be reasonable and unique to the property. The following is the section of City Code addressing variances: Sec. 106-220. - Variances. (a) Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the comprehensive plan. (b)Public hearing notice mailing distance is 350 feet. (c) Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning code. "Practical difficulties,"as used in connection with the granting of a variance, means: (1) That the property owner proposes to use the property in a reasonable manner not permitted by the zoning code; (2) The plight of the landowner is due to circumstances unique to the property not created by the landowner; (3) The variance, if granted, will not alter the essential character of the locality. (4)Economic considerations alone do not constitute practical difficulties; (5)Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems; and (6)Public takings of property due to condemnation. (7) Variances shall be granted for earth sheltered construction as defined in Minn. Stats. §216C.06, subd. 14, when in harmony with this chapter. (d) The planning commission may not permit as a variance any use that is not allowed under the zoning code for property in the district where the affected person's land is located. (e) The planning commission 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. The applicant provided a narrative outlining his justification for the variances attached to this report. He stated that his variance request meets criteria 1,2, and 3 above. Additional Consideration The structure is constructed in a platted drainage and utility easement. Per City Code, driveways are allowed in these easements provided that they do not inhibit the flow of water and its removal is at the owner's expense in the event that the easement area is needed for its intended use. The lean-to,however, is not permitted. Therefore, an encroachment agreement is necessary if the variance is approved. Notification: Mailed notifications were sent to property owners within 350 feet of the site. A "proposed development" sign was placed on the property. A legal notice was placed in the July 12 Anoka Union Hearld Newspaper. Time Frame/Observations/Alternatives: