Variance narrativeRequired variance findings for an increase in maximum allowable building setback:
The CBD zoning district requires that buildings within the Downtown Mixed Use character area be set back a maximum of 15 feet from the property line along the primary roadways of 78th
Street and Market Boulevard. Laredo Drive requires a maximum setback of 30 feet. These three streets comprise three of the four sides of the property, with an interior lot line comprising
the fourth. The intent of the maximum allowable setback is to encourage building designs that create the character of traditional downtowns where building facades have minimal, or zero,
setbacks from sidewalks. The proposed building complies with this maximum setback for the vast majority of its frontages along 78th St, Market Blvd. and Laredo Drive. The southernmost
60 feet of the building along Market Boulevard exceed the 15’ maximum setback.
Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan.
The additional setback area is being used to house several pieces of infrastructure that are essential for the building to function. The design team chose this location because, of the
few possible locations, it is the least impactful to the perception of the building as a downtown building.
When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property
owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight
for solar energy systems.
The additional setback will be used to provide essential infrastructure for the building including electrical transformers, a loading area, and a tree trench that serves as part of the
stormwater mitigation system. These pieces of infrastructure must all be located within a setback somewhere on the property. The tree trench must be located at the lowest point of the
property in order to catch stormwater by gravity from the west portion of the site; this corner is the lowest point of the site. The electrical transformers and loading area must also
be adjacent to the public right of way to provide vehicular access. Given these constraints, this location is the least disruptive to the perception of the building’s downtown-oriented
character.
That the purpose of the variation is not based upon economic considerations alone.
This variation is unrelated to economic considerations and results solely from practical difficulties.
The plight of the landowner is due to circumstances unique to the property not created by the landowner.
Because the site is bordered by public streets governed by maximum setback requirements on three sides, there are limited opportunities to locate required infrastructure within an allowable
setback. In addition, the curvature of Market Boulevard is unique to the property and presents an opportune location for this essential infrastructure.
The variance, if granted, will not alter the essential character of the locality.
Granting the variance as proposed will not inhibit the building from being perceived as a downtown-style building. While Laredo Drive allows a greater setback than Market Blvd or 78th
St, the design team feels that locating this infrastructure along Laredo Drive would have a more negative impact on the building’s downtown, pedestrian-oriented character than the chosen
location at the southwest corner of the site. The additional setback also provides a transition to the Jimmy John’s restaurant to the south.
Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
This section does not apply.