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Commission grants variance reducing rear setback and raising lot coverage in 50 Fifth Crossing

3204807 ยท May 6, 2025
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Summary

The Planning Commission approved a variance to reduce rear setbacks from 20 to 16 feet and increase maximum lot coverage from 40% to 44% for specified lots in the 50 Fifth Crossing Third Addition, citing exceptional practical difficulties from legacy platting and ordinance changes.

May 6, 2025 โ€” The Minot Planning Commission approved a variance request from Mint Construction that reduces the required rear-yard setback from 20 feet to 16 feet for certain twin-home parcels and raises the maximum lot coverage from 40% to 44% for lots in Block 1 of 50 Fifth Crossing Third Addition.

Staff explained the lots in question were platted under older rules and are smaller than later-adopted standards; many homes already built in the division were constructed under the prior ordinance and would not meet current setbacks. Staff said the variance fits the standard category of "exceptional practical difficulties" because the smaller lot dimensions were created under earlier rules and not by the current property owner.

Staff recommended approval of the variance for the listed lots and noted no departmental comments were received raising safety or engineering concerns. A commissioner asked whether the change in how lot coverage is measured (roofed area only under the current LDO, not all impervious surface) could affect stormwater; staff said engineering had not flagged concerns and that driveways and other impervious features are not currently counted toward lot coverage in the LDO definition used for this district.

Commissioners discussed the visual fit with existing homes and the practical constraints of the lots created under earlier platting. The motion to approve the variance passed in a roll-call vote with 10 yes votes.

Next steps: the developer may proceed under the variance if other permitting steps and building permits meet code and department reviews.