6.2. SR 02-17-2009 - Laserfiche WebLink

Home Browse Search

Variance Criteria 7. Literal enforcement o~the ordinance will cause undue hardship. Literal enforcement will not cause undue hardship as the applicant purchased and operates a functioning business in the existing building on the property. 2. The hardsh~ is caused by sbecial conditions and circumstances which are beculiar to the~ro~erty and the structure involved and which are not characteristic of or ai~t~licable to other lands or structure in the same area. There are no special conditions and circumstances that are peculiar to the property. Although the bluff setback, which is shown by the Minnesota Department of Natural Recourses (DNR) definition, varies depending on topography, it does affect all properties in the area. If two of the three adjoining buildings were to come in for a building addition, similar to what is being proposed; those buildings would have the same bluff line setback and impervious surface issues which would require a variance. 3. The sbecial conditions and circumstances are not a consequence of the petitioner's own action or inaction. The DNR regulations and City ordinances axe not a consequence of the petition's actions but there are no special conditions and circumstances to the property. The regulations and ordinances affect all the properties in the immediate area. 4. The literal at~blication of th~rovisions of this ordinance would derive the betitioner of rights en~oyed by other ~ro~erties in the same district under the terms o~this ordinance. The petitioner would not be deprived any rights, as they purchased and operate a functioning business in the existing building on the property, as do other properties in the same district. Neighboring businesses would have the same ordinances to follow as the subject property and would be required to obtain setback and impervious surface variances. 5. The variance will not be injurious to or adversel~a, fect the health sae or we~are of the residents of the city or the neighborhood where th~ro~ert~ is located and will be in kee~iin~ vavith sbirit and intent of the ordinance. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city. S:\PLANNING MAIN\Case Files\Variance\V 09-01 Fxed McCoy\V 09-01_CC.doc