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M. Steven Haas Variance/Shoreland Variance - 1009 3rd St E City Council Memo - June 16 2003 Page 3 VARIAN C E REVI EW Minimum Setback Requirements Minimum setback requirements for the R-2 District are: Area Setback Front 20' Interior Side 7' Rear 20' DNR Notification The DNR was notified of the public hearing on May 30,2003. To this date, Staff has not received any comments from the DNR regarding this variance request. Review Criteria The following criteria have been used as findings of fact in granting variances to zoning provisions: A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. B. The literal interpretation of the City Code would deprive the applicants of rights commonly enjoyed by other properties in the same district under the terms of Chapter 10. C. That the special conditions and circumstances do not result from actions of the applicant. D. That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 10 to other lands, structures, or buildings in the same district. No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, or buildings in other districts shall be considered grounds for the issuance of a variance. Notification of Adjoining Property Owners Notification was sent to all property owners within 350'. One neighbor stopped in to City Hall to question what the effects of the variance would have on her property - but indicated that she did not live next to Mr. Haas. No other comments have been received at this time. -- ...