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(l) Economic considerations alone do not constitute practical difficulties. <br />(5) Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy <br />systems and <br />(6) Public takings ofproperty due to condemnation. <br />(7) Variances shall be granted for earth sheltered construction as defined in MS'. 216C.06, subdivision 14, <br />when in harmony with this chapter. <br />The applicant's letter attached to this case uses Criteria #3 above in that the large right-of-way will cause the house <br />to appear to have the proper setback. Additionally, it is reasonable to state that Criteria #1 is met in that a 3-car <br />garage is typical in the surrounding neighborhoods to the east and north of the site. <br />It should be noted that the property to the immediate north of the Garden View lots was platted as an outlot for <br />future development. It is likely that this property will be developed in the next couple of years, necessitating the <br />extension of Center Street. There is also a long-term vision of extending that street northward to meet where <br />149th Avenue bends into Uranimite Street. This extension would provide the neighborhood to the north an <br />alternative route without needing to access Ramsey Boulevard or Armstrong Boulevard. <br />Notification: <br />Public notificiation was mailed to properties within 350 feet of the site. A "proposed development" sign was <br />placed on the property. A notice was placed in the December 6 Anoka Union Herald Newspaper. <br />Time Frame/Observations/Alternatives: <br />Alternatives to Consider: <br />1. Approve the variance as requested by the applicant and recommended by staff. <br />2. Approve the variance with modifications or reasonable mitigation measures. <br />3. Deny the variance based on specific findings <br />The Planning Commission has approval authority on variances, though the Commission's decision can be <br />appealed to the City Council by the applicant or any party who may feel the Commission's decision was <br />incorrect. <br />Funding Source: <br />All costs associated with this request are the responsibility of the applicant. <br />Recommendation: <br />Staff recommends approval of the variance. <br />Outcome/Action: <br />Motion to adopt Resolution #24-361 approving a variance to side -yard right-of-way setback in Garden View. <br />Location Map <br />Letter of Request <br />Proposed Survey <br />Resolution #24-361 <br />Ordinance #20-16 (2020 Vacation) <br />Attachments <br />Form Review <br />Inbox Reviewed By Date <br />Brian Hagen Brian Hagen 12/05/2024 03:03 PM <br />Form Started By: Todd Larson Started On: 11/27/2024 02:57 PM <br />