11-27-2001 Sibley Township Planning Commission Meeting

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ENGELS, TODD VARIANCE 169 November 27, 2001 RE Code: 911-160-030-010-009 STAFF COMMENTS PUBLIC RESPONSES: REQUEST: To allow a setback of 9' 10" instead of the required 10' from a side property line for an after the fact garage. HISTORY: In 1999 the applicant applied for and received permit #9920879 from Crow Wing County P&Z to construct a 22 x 24 garage to meet all required setbacks. The diagram which accompanied the permit request depicts the garage at 10' from the property line. SEPTIC SYSTEM: SITE PLAN(CERTIFICATE OF SURVEY) : Depicts the garage at 9.2' from the side property line. ON SITE REVIEW: It appears there is adequate area to move the garage to a conforming location. Reviewing the Findings of Fact Supporting or Denying a Variance: (A variance may be granted only where the strict application of the Sibley Township Zoning Ordinance will result in undue hardship. A hardship exists only upon a positive finding of each of the following criteria) 1: Is the condition causing the alleged hardship unique to the property in question? NO, there was and is adequate area to construct or move the garage to a conforming location. 2: Are the circumstances causing the alleged hardship caused by someone or something other than the landowner or previous landowner? (Economic considerations alone shall not constitute an undue hardship if reasonable us for the property exists under the terms of the ordinance). NO, The owner was the builder of the garage. 3: Is the variance in harmony with the Sibley Land Use Plan and Ordinance? NO, a variance would not be needed to construct the garage in conforming location 4: Will the issuance of the variance maintain the essential character of the locality? The area is residential in character, there appear to no other variances for side yard setback in the area.