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HomeMy WebLinkAbout2012-066 Variance to Allow Front Deck 1004 6th Ave SWState of Minnesota County of Vice CITY OF FARIBAULT RESOLUTION #2012 -066 APPROVING A VARIANCE TO ALLOW COVERED DECK TO BE CONSTRUCTED 7'6" FROM THE FRONT PROPERTY LINE (1004 6TH AVENUE SW WHEREAS, Mike Hachfeld, owner of the property at 1004 61h Avenue SW, has requested a variance to allow a covered deck and stairs to be constructed at a 7'6" setback where a 25' setback is required from the front property line; and WHEREAS, City staff has completed a review of the application and made a report pertaining to said request (V- 06 -12), a copy of which has been presented to the City Council; and WHEREAS, the Planning Commission, on the 171h day of April 2012, following proper notice, held a public hearing regarding the request, and following said public hearing adopted a split recommendation on the request; and WHEREAS, the City Council, on the 24th day of April 2012, following proper notice, held a public hearing to consider the request, and all interested persons were provided an opportunity to comment; and WHEREAS, based upon said report, hearing, and recommendation, the City Council hereby finds that approving the variance would be appropriate based on the following findings: 1. The existing lot is 60' x 140' with a lot area of 8,400 s.f. The Unified Development Ordinance (UDO) requires a single - family lot in the R -2 zoning district to be at least 66' wide and 8,500 s.f. 2. The alleged difficulty or hardship is that the lot is narrower and smaller than is typical, and the house is positioned too closely to the front -yard lot line. This alleged difficulty or hardship was not created by persons presently having an interest in the parcel of land. 3. The variance is in harmony with the general purposes and intent of the City's ordinances. 4. The variance is consistent with the Comprehensive Plan. 5. The applicant proposes to use the property in a reasonable manner not permitted by the City's ordinances. 6. Unique circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property has not had control. The unique circumstances do not result from the actions of the applicant. 7. The variance does not alter the essential character of the neighborhood. 8. The variance requested is the minimum variance which would alleviate the practical difficulties. 9. Economic conditions alone do not constitute practical difficulties. NOW, THEREFORE BE IT RESOLVED, that a variance to allow a covered deck and stairs to be constructed 7'6" from the front property line where a 25' setback is required for the property located at 1004 6th Avenue SW is hereby approved. Date Adopted: April 24, 2012 Faribault City Council J6la► R. Jasinski, Mayor ATTEST: Charles S. Whiting, Cit Administrator