Laserfiche WebLink
FILEI04.2972 <br />January 6. 2004 <br />Page 4 of 5 <br />2. “The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner.” <br />The unique circumstance on this property is the location of the existing home, and is <br />not caused by the current property owners. In the opinion of staff this criterion is <br />met. <br />3. “The variance, if granted, will not alter the essential character of the localit> .'’ <br />The adjacent homes in this neighborhood exceed the front yard setback by at least <br />twice the setback required by zoning code. In the opinion of staff this criterion is not <br />met. <br />4. “Economic considerations alone shall not constitute an undue hardship if <br />reasonable use for the property exists under the terms of the Zoning Chapter. ’ <br />Economic considerations have not been indicated for this project. In the opinion of <br />staff this criterion is met. <br />5. “Undue hardship also includes, but is not limited to, inadequate access to direct <br />sunlight for solar energy systems. Variances shall be granted for earth sheltered <br />construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, wten in <br />harmony with this Chapter.” <br />N/A <br />6. “The Board of Appeals and Adjustments or the Council may not permit as a <br />variance any use that is not permitted under this Chapter for property in the zone <br />where the afiected person's land is located.” <br />N/A <br />7. “The Board or Council may permit as a variance the temporary use of a <br />one-family dwelling as a two-family dwelling.” <br />N/A <br />a. “The special conditions applying to the structure or land in question are peculiar <br />to such property or immediately adjoining property.” <br />The home is situated such that it was constructed unnet.essarily within 5 ‘ of the <br />required front yard setback line. The other adjacent homes in the neighborhood have <br />exceeded the front yard setback requirement with respect to their home locations. In <br />the opinion of staff this criterion is met. <br />9. “The conditions do not apply generally to other land or structures in the district in <br />which said land is located." <br />The setback of this home is unlike the front yard setbacks for the adjacent homes. In <br />the opinion of staff this criterion is met. <br />U <br />I , <br />I