02-09-2004 Council Packet - Laserfiche WebLink

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M3-2962 November IT. 2003 PiSeSof? rebuild situations. Staff will hold to this suggestion as new homes have consistently been held to 15%. No hardship exists to allow structural coverage in excess of 15% due to the allowable building pad of 3,093 square feet as shown on Exhibit J. This is more than double what the ordinance allows for in particularly small lots where a minimum of IpOO square feet is allowed. Staff would support a lot area variance as this is a routine variance which is required with rebuild situation.' 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 “undt:s hardship” pertinent to this application: 1. 2. 3. 4. 5. “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 meeting all requirements. “The plight of the landowner is due to circumstances unique to his property cci created by the landowner.* There are no circumstances unique to this property which would justify graming of the variances as proposed. Staff has indicated that a hardcover variance could be explored due to the shallowness of the lot and the need for a turnaround tia 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 character of the localitv'.* The nature of the lot at shown in Exhibit 1 is smaller lots with modest footprirjs and 2-2 Vj story homes. This house as proposed may alter the essential character of the LR-IC zoning locality along Shadywood Road “Economic considerations alone shall not constitute an tmdue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." The applicant has indicated that her older parents would be moving in which causes the needfor a larger house. This lot fits within the applicant's budge: however, stafffeels that this lot cannot support the amount of hardcover and structural coverage the applicants feel they need. “Undue hardship also includes, but is not limited to, inadequate access 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." Not applicable 6. “The Board of Appeals and Adjustments or the Council may not permit as a