03A - Variance to Allow Dwelling with Less than Required Width - Hurtig

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STAFF REPORT Application: Variance to Allow Dwelling with Less than Required Width Applicant: Gene Hurtig Background Information: The Hurtig property is approximately 157 acres in size and is located in the southwestern part of the city on Hurtig Road. The parcel is zoned Forestry and currently has a dwelling and several farm-related buildings to the northwest of Hurtig Road. The applicant proposes to move a dwelling measuring 12' x 76' onto the property to replace the existing dwelling. The applicant proposes to remove the existing dwelling and farm-related buildings after the new dwelling is in place. Applicable Statutes: In order to approve or deny a variance, the Planning Commission must make findings of fact. Variances may be granted in instances where extraordinary and unnecessary hardships may result from strict compliance with the Ordinance and allowing a variation will not have the effect of nullifying the intent and purpose of the Ordinance. Variances shall be considered because of circumstances relating to lot size, shape, topography, or other characteristics of the property not created by the landowner. Specifically, the Planning Commission must show that the following have been met: 1. The variance shall not create a land use not permitted in the zone. 2. The variance will not alter the essential character of the locality. 3. The variance is not for economic reasons alone, but reasonable use of the property does not exist under this Ordinance. Section 70.070 details the standards for single and two family dwellings and property, stating that all single and two family dwellings shall have a minimum floor area of five hundred(500) square feet, shall be attached to a permanent foundation, and shall have a minimum width of twenty feet. Staff Findings: Based on the application and the information provided, the Staff provides the following findings: 1. The property is properly zoned for Forestry use, and single-family dwellings are a permitted use in this zone. 2. The proposed dwelling is 12 feet wide, 8 feet short of the minimum 20 foot width requirement. 3. The property has an existing dwelling and several farm-related structures. 4. The proposed dwelling would be compatible with the adjacent properties and surrounding area as it is located in a Forestry zone with no dwellings in the immediate vicinity. Adjacent properties are currently vacant and have tree cover and wetlands. 5. Reasonable use of this property currently exists under the ordinance since a dwelling that conforms to the Ordinance currently exists on the property. There are not any characteristics of the land, such as steep slopes or wetlands, which would prevent the construction or placement of a dwelling meeting the minimum width standard on the property. May Staff Report 1-1