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«0>2962 November 17,2003 PigeSof? rebuild situations. Staff will hold to this suggestion as new homes have consistently been held to 15%. No hardship e.xists to allow structural coverage in excess of 15% due to the allowable building pad of 3,093 square feet as shown on Exhibit J. Hus is more than double what the ordinance allows for in particularly small lots where a minimum of 1.500 square feet is allowed. Staff w ould support a lot area variance as this is a routine variance which is required with rebuild situations where the lot doesn’t meet the area requirement for the respective zoning district. The lot is a legal lot of record which requires approval of this variance request. Staff would make the following recommendations in regards to the criteria for “undue hardship” pertinent to this application: 1. 2. 3. 4. 5. 6. “The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." A reasonably sized home could be placed on the lot meet in? all requirements. "The plight of the landow-ner is due to circumstances unique to his property not creat^ by the landowner." There are no circumstances unique to this property which would justify granting of the variances as proposed. Staff has indicated that a hardcover variance could be explored due to the shallowness of the lot and the nted/or a turnaround but 44% is excessive to what has consistently been approved with rebuild situations, as is the 19% structural coverage. A reasonably sized home could be constructed on the lot meeting all requirements. “The variance, if granted, will not alter the essential characier of the locality." The nature of the lot at shown in Exhibit I is smaller lots with modest footprints and 2 - 2 Vi story homes. This house as proposed may alte' the essential character of the LR- 1C zoning locality along Shadywood Road. * Economic considerations alone shal! not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chap» :r." The applicant has indicated that her oldei parents would te moving in w hich causes the need for a larger house. This lot fits within the applicant's budget however, stafffeels that this lot cannot support the amour.: of hardcover and structural coverage the applicants feel they need. "Undue hardship also includes, but is not limited to. inadequate a cess to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes. Section 116J.06. Subd. 2. when in harmony with this Chapter." A or applicable 'The Board of Appeals and Adjustments or the Council may not permit as a 'I A