Loading...
3. Variance Request(1) The applicant proposes to use the property in a reasonable manner not permitted by the Development Code. (A) The tower barn structure, and substantially the entire proposed development, is presently positioned within the existing ballfield fence, and not even to the full extent of the northerly fenceline. The fenced area of the ballfield has long established a reasonable “development bench.” We believe use of this bench is both reasonable and practical. (2) The plight of the landowner is due to circumstances unique to the property not created by the landowner. (A) The aforementioned ‘bench’ exists and was not created by the Scandia Heritage Alliance. (3) The variance, if granted, will not alter the essential character of the locality. (A) Quite the opposite, instead of a tired old ballfield with minimal maintenance, this development seeks to improve the property to amplify the character of Scandia through the reconstruction of a historic community asset. (4) Economic conditions alone shall not constitute practical difficulties. (A) Economics do not factor into this variance request (5) That the proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. (A) The positioning of the structure slightly over the 75’ wetland setback line does not impact the existing northerly vegetation that is sought to be maintained, since the structure is proposed to be within the ballfield perimeter that currently has no vegetation. Further, there are no neighbors (other than turtles and a few birds) that would be impacted, as the shading from the structure is entirely within the proposed lease line boundary. The variance does not impact fire or life safety, diminish or impair property values within the neighborhood. In fact, the restoration of this historic artifact will increase the attractiveness of the Scandia City Center area plan. (6) That the requested variance is the minimum action required to eliminate the practical difficulty. (A) We have positioned the structure entirely within the existing ballfield, with as little dimension as practical beyond the 75’ wetland setback to preserve the developability of this property into a community asset. (7) Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. (A) Not applicable.