4.1. BASR 08-28-2001 - Laserfiche WebLink

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Board of AdjustmentsN 010-06 August 28,2001 Page 2 • Analysis Staff refers the Board of Adjustments to Section 900.40 of the Zoning Code for the five standards to consider when reviewing a variance. The standards relate to the condition of the property. A variance may be granted only if it meets the following five conditions: 1. Literal enforcement of the ordinance will cause undue hardship. 2. The hardship is caused by special conditions and circumstances,which are peculiar to the property and the structure involved and which are not characteristic of, or applicable to, other lands or structure in the same area. 3. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. 4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. 5. The variance will not be injurious to or adversely affect the health,safety or welfare of the residents of the city or the neighborhood where the property is located and will be in keeping with spirit and intent of the ordinance. The applicant has outlined their position on the variance request, citing a number of health- • related reasons. The primary reason for the request is for the desire to construct a walkout basement in a new home. Without massive grading,the best location for such a structure would be adjacent to the bluff overlooking the floodplain of the Elk River. However,the property is large enough(10 acres),that the home could be constructed in the open area in the northwest corner of the property without a basement and would meet many of the desires,especially for light, that were cited in the applicant's letter. The purpose of the setback from the bluff of a river is to preserve the vegetation to prevent erosion of the bluff into the adjacent waterway thereby maintaining the channel. With a walkout rambler,grading will need to occur to expose the area of the walkout. The applicant has stated that the porch,which will be the closest portion of the dwelling to the bluff,will not require a foundation. This is an incorrect statement. At a minimum,it will require footings,which are typically 50 inches deep, as it cannot be cantilevered from the dwelling structure. While the granting of the variance would not likely adversely affect adjacent properties or the main channel of the Elk River,there is not sufficient hardship for the granting of the variance. The site is large enough for the construction of a dwelling without impacting the bluff or the regenerated forest area. The northwest corner of the site would provide ample room for the construction of a sprawling rambler dwelling that would include the spaces identified to be located in the basement in the applicant's letter. In addition,the lack of trees would increase the amount of sunlight available to the applicants. The use of prairie plants instead of lawn would reduce the maintenance necessary. • S:\PLANNING\MICHMC\PLREPRTS\V 01-06.doc