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HomeMy WebLinkAbout1997-08-07 OPH Memo to CC Providing Request Analysis Enclosure 5B MEMO Date: August 7, 1997 To: Mayor & Council From: Mike Robertson, City Administrator Re: Variance Request from Marvin & Pam Sanderson, 14010 54th Street North The Sandersons are requesting a variance of 5 feet from the rear yard setback in order to install a screen porch on an existing deck. Sanderson's property is located within a R -1, Single Family Residential District, which requires a 30 foot back yard setback. I have attached a copy of the Sanderson's letter which states the reason why they are seeking the variance. Decks can be constructed five feet into the side or rear yard setback as long as they are no more than nine inches above ground level. That is why the Sanderson's deck was constructed in the rear yard setback. Installing a screen porch requires a variance because the structure will be more than nine inches off the ground. Analysis: According to the City Zoning Ordinance, a request for variance cannot be granted unless the following can be demonstrated; 1. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and are not applicable to other lands, structures, or buildings in the same district. A. Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area, or shape of the property. B. Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. C. Special conditions and circumstances causing undue hardship shall not be the result of lot size or building location when the lot qualifies as a buildable parcel. There are no special conditions, circumstances, or undue hardship, as they are usually thought of, that exist in this case. However, every Minnesotan can relate to the desire to be mosquito -free while enjoying the summer. 2. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance or deny the applicant the ability to put the property in question to a reasonable use. Literal interpretation of the Ordinance does prevent the Sandersons from constructing a screen porch on their existing deck. 3. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. The Sandersons do have a swimming pool in their back yard which limits their ability to construct a screen porch in other areas of their lot. 4. 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. Granting this variance will confer a special privilege upon the applicant and may set a precedent for similar requests. 5. The request is not a result of non - conforming lands, structures, or buildings in the same district. The request is not a result of non - conforming lands, structures, or buildings in the same district. As the property and house currently exist all setback requirements are met. 6. The request is not a use variance. The proposed porch is a permitted use in the R -1 Zoning District and therefore the request is not a use variance. 7. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. The variance that is requested is the minimum necessary to convert the existing deck into a screened porch. 8. The request does not create an inconvenience to neighborhood properties and use. The proposed deck should not create an inconvenience in the Sanderson's neighborhood. Recommendation: While a minimal hardship exists in this case, it is also true that this variance, if granted, would have a minimal impact on surrounding homes and the neighborhood. A Motion to deny the variance would be: "I move that the variance request be denied because no special conditions exist that prove undue hardship." A Motion to approve the variance would be: "I move that the variance be approved due to the hardship of lacking space to build a screened porch."