4.1. BASR 10-23-2001 - Laserfiche WebLink

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Memo to Board of Adjustments/V 01-08 October 23,2001 Page 2 • encumbered by a 240'wide Northern States Power Company easement. In this case,the easement covers approximately 90 percent of the lot. In order to construct the home,the applicant received approval from Northern States Power Co.to allow location of the septic system and retaining wall within the easement. The applicant is requesting that the existing slope be allowed to remain and that any exposure of the slope be corrected by the use of erosion control blankets and seed mix. The applicant received a building permit to construct a home on the subject property in August of 2000. A temporary certificate of occupancy was issued on January 11,2001 until June 1,2001,based on the fact that the home needed landscaping,final grading,a driveway, sidewalks and a retaining wall. The applicant's bank has escrowed money for the retaining wall,final grading and the driveway. The applicant has requested a variance not to install a retaining wall on the property and to allow a slope of greater than 3:1. In preparation for this report,the City Engineer and staff observed the site and determined that: 1) the slope is greater than 3:1, it is almost a 1:1 slope 2) that based on the extreme gravel content of the soil, an erosion control blanket and seeding would not provide adequate slope stabilization for the site. In order to grant a variance from the literal interpretation of the ordinance,the following five conditions must be met: • 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. Literal enforcement would require the applicant to spend additional money (currently escrowed) on the retaining wall required by code. The site is unique in the fact that the property is encumbered by a large utility easement; however,there are other sites in the area encumbered by the same utility easement. The applicant could have chosen a different style home to place on the lot to reduce the impact • on the existing slope. S:\PLANNING\MICHMC\PLREPRTS\V01-08.DOC