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HomeMy WebLinkAbout1999-11-22 OPH Ltr to ApplicantCITY C OAK PARK HEIGHTS 14168 North 57th Street • P.O. Box 2007 • Oak Park Heights, MN 55082-2007 • Phone: 651/439-4439 • Fax: 651/439-0574 November 22, 1999 Joel and Carol Lombard 5527 Oakgreen Place North Oak Park Heights, MN 55082 Re: Variance Request Dear Mr. And Mrs. Lombard: As you are aware, the Planning Commission at its meeting of 11/18/99 voted 5-0 to recommend to the City Council to deny your variance request for the addition of a three-season porch. At the meeting, and during a subsequent phone conversation with Mrs. Lombard on Friday, 11/19/99, you asked for further clarification of what constitutes a hardship in variance cases. As requested, 1 have researched our files, and have also obtained examples of single family variance requests from other communities. The following constitutes a summary of these individual applications. Variance from Parking Pad Requirements - Oak Park Heights - Denied From the Planning Report: "Special conditions do not exist in this instance. There are no special conditions or exceptional topographic conditions, or insufficient area or shape to the subject property. In fact, there is adequate area within the existing driveway to store the boats/trailers or the applicant could construct an addition to the garage or a cemented carport where the boats/trailers could be stored to meet the City Code requirement. Therefore, if the variance were denied, a hardship would not be brought to the applicant, as the boats and trailers could be stored on this site without the need for a variance." Variance from Side and Rear Yard Setback Wayzata - Approved From the Planning Report: "The subject site contains steep slopes which would not allow expansion of the existing house in any other location other than that Tree City U.S.A. fa COPY specified by the applicant. Therefore, reduction of setback requirement is based on circumstances which is unique to the property". Variance from Front Yard Setback New Ho e A••roved From the Planhirtg Report "ExtensiOn to the rear of the existing structure is not feasible due to soil limitations. Special footings would be required for an addition, which would double the cost. Settling would still be a concern even with the special footings. Unique hardship has been demonstrated with soil limitation, easement limitation, mature tree loss and deck loss." Variance from Front & Side Yard Setback Oak Park Heights - Approved From the Planning Report: "The lot is 80 feet wide, which is fairly average for Oak Park Heights. However, the lot is only 90 feet deep, which is fairly shallow. The shallow depth of the lot and the L-shaped design of the house does not leave enough room to put a two car garage in the back of the house. Current City ordinances require that enough room be left on a lot for the construction of a two car garage". 1 hope that through these examples you are better able to understand what constitutes a hardship in the case of Variance requests. I have also enclosed a copy of the Zoning Ordinance which defines the Variance section. Please contact me at 439-4439 with any questions you may have. Sincerely, Kris Danielson Community Development Director *40t04. ADMINISTRATION - VARIANCES AND APPEALS EALS 401.04.A. General Provisions and Standards. 1. Purpose. The purpose of this Section is to provide p de for deviations from the literal provisions of this Ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual ndividual property under consideration, and to grant such variances only when it i y is demonstrated that such actions will be in keeping with the spirit and intent of P this Ordinance. Board of Zoning Adjustment. The City Council shall hall serve as the hoard of Adjustment and Appeals. 3 Record. Al! written reports and recommendations to the Board of Adjustment and Appeals from the City staff shall be entered in and made part of the permanent written record of the Board's meeting. 4 Review Criteria. In considering all requests for a q variance and in taking subsequent action, the Planning Commission and City Council y n �l shall make a finding of fact that the proposed action will not: a. Impair an adequate supply of light and air to adjacent property. � p p rty. b. Unreasonably increase the congestion in the ublic street. treat. c. Have the effect of allowing any district uses rohibited therein, rein, perrnrt a lesser degree of flood protection than the flood rotection elevation vation for the particular area, or permit standards which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. g p f ty. e. Unreasonably diminish or impair established property values p y cues within the neighborhood, or in any way be contrary to the intent of this Ordinance. f. Violate the intent and purpose of the Comprehensive Plan. an. g Violate any of the terms or conditions of Item 5, below. *Amended Ord. No. 98 -401 -01, 28 April 1 998 04-1 5. Conditions. A variance from the terms of } f this Ordinance shall not be granted unless it can be demonstrated that: g a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are e p culiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. 1) special conditions may include exceptional p topographic or water conditions or in the case of an existing ot or parcel p I of record, narrowness, shallowness, insufficient area or shape of the property. p p p y. Undue hardship caused by the special conditions p and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. 3 Special conditions and circumstances causing undue g hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the rovisions of this Ordinance dinance would deprive the applicant of rights commonly enjoyed by other ro erties in the p p h same district under the terms of this Ordinance or deny the applicant the ability y pp to put the property in question to a reasonable use. c. The special conditions and circumstances causing the undue ue hardship do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands structures or buildings in the same district under the same conditions. e. The request is not a result of non-conforming lands structures uctures or buildings in the same district. f. The request is not a use variance. The variance requested is the minimum variance necessary to y accomplish the intended purpose of the applicant. h. The request does not create an inconvenience to neighboring g g properties and uses. 04-2 6. Justification. Application for a variance shall set forth reasons that the variance is justified in order to make reasonable use of the land structure or building. 7. Approval. Should the Council find that the conditions outlined heretofore apply to the proposed lot or parcel, the Council may rant a variance from g the strict application of this Ordinance so as to relieve such difficulties or hardships . p to the degree considered reasonable, provided such relief may be granted w' Y g without impairing the intent of this ordinance. The Planning ommission and City o 9 y � unci 1, in the case of major variance, based upon a report and recommendation by the y city staff, shall have the power to advise and recommend such conditions related to the variance regarding the location, structure, or use as it may deem advisable in the interest of the intent and purpose of this Ordinance. Kris Danielson Subject: Kris: FW: November 22, 1999 Original Message From: NAC [mailto:nac @winternet.com] Sent: Monday, November 22, 1999 2:19 PM To: kdanielson @cityofoakparkheights.com Subject: Re: November 22, 1999 Here is the section from the Statutes related to "undue hardship" for variances. Subd. 6. Appeals and adjustments. Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance. The board of appeals and adjustments has the following powers with respect to the zoning ordinance: ( To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not after the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section 2160.06, subdivision 2, when in harmony with the ordinance. The board of appeals and adjustments or the governing body as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. The board or governing body as the case may be, may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect adjacent properties.