1. The variance shall be applicable to the property legally identified as Lot 15, Block 5, Apple Valley.
2. If the Building Permit fee is not paid and not issued or within one (1) year of the date of approval, the variance approval shall lapse.
3. The window well shall meet the 2015 Minnesota State Building Code section R310.2.
4. The window well shall be placed in a location which provides adequate separation from the existing gas meter per the fire code.

Michael Tutewuhl Homes Inc., on behalf of the property owner, Bryan Mahon of 136 Gardenview Drice has requested consideration of a 6' 6" side setback variance to construct a window well on the north side of the property where the required setback is 10'. The window well will allow for an additional legal bedroom in the basement.

The 2030 Comprehensive Plan states that the City will encourage "the reinvestment and maintenance of property" that allow residents to age in place.  

The property is located in the original Apple Valley plat, which has smaller lots. These lots can create circumstances where the home is non-conforming, such as with this home. The required side setback is 10', and the home is only 5.9' from the property line.

Staff is recommending approval of the variance due to the following practical difficulties.

1. If the home were setback the required 10' there would not be a need for the variance as the window well would meet code requirements for a reduced setback.
2. When the home was constructed, it was not centered on the lot. If the home were placed in the center of the lot there would not be a need for a variance.
3. The City has encouraged residents update and maintain their homes. 
4. The window well cannot be placed in the rear of the home due to the location of the utility room and the additional expansion.
5. The lot does not meet the minimum lot size for "R-3" of 11,000 sq. ft.

As stated in the summary section, the property owner is seeking to construct a window well to allow for the renovation of the basement to include a legal bedroom. By the Minnesota State Building code, bedrooms are required a window egress.

The location of the window as shown on the survey will need to be shifted to the west to comply with the required separation from the gas meter. Moving the window towards the rear of the structure allows for a slightly lesser variance than in the current location. The property owner is being encouraged to place the window as far west on the home as possible so that the actual variance is the minimum variance required.

Staff reviews variance applications based strictly upon the requirements of the state statutes and the City Code which require that the applicant establish that there are practical difficulties present in order for a variance to be granted, and that logical alternatives are not available.

Definition of “Practical difficulties”:

• The applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of the code;
• The plight of the applicant is due to circumstances unique to the property not created by the applicant; and
• The variance, if granted, will not alter the essential character of the locality.
• Economic considerations alone do not constitute practical difficulties.

In order to grant a variance, the City considers the following factors to determine whether the applicant established that there are practical difficulties in complying with the provision(s) of this Chapter:

1. Special conditions apply to the structure or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located;
    The property is located in the original Apple Valley plat, which has narrower lot lines than most new lots. The home, built in 1964 was not placed in the center of the lot and is non-conforming by being setback from the side lot line by only 5.9'. If the home were setback the required 10' a variance for the window well would not be required.

2. The granting of the proposed variance will not be contrary to the intent of this chapter;
   The granting of the proposed variance is not contrary to the zoning chapter, and is consistent with the 2030 Comprehensive Plan goals.

3. The special conditions or circumstances do not result from the actions of the owner/applicant; and;
     The special conditions or circumstances were not a result of the home owner or the applicant.

4. The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the zoning provisions of this Code; and
    The granting of the variance will not merely serve as a convenience to the applicant, and will alleviate practical difficulties created by the placement of the house on a narrow lot.

5. The variance requested is the minimum variance necessary to alleviate the practical difficulty.
    The applicant is placing the window well as far to the rear (west) side of the property as possible so that the minimum variance is needed.