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02-09-2004 Council Packet
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02-09-2004 Council Packet
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F1L£»03«2965 <br />January 7.2004 <br />Page 4 of 5 <br />1. “The property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls.** <br />A reasonable home can be constructed on the lot meeting setbacks. In the opinion of <br />staff this criterion is not met. <br />2. “The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner.** <br />3. ‘*The variance, if granted, will not alter the essential character of the locality.** <br />The reduced setback would not have any greater impact than that of the existing <br />home. In the opinion of staff this criterion is 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 />The foundation is being reused in part to reduce costs for the remodel. However, the <br />applicant has not indicated economic considerations as a hardship. 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 1 16J.06, Subd. 2, when 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 affected 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 />8. “The special conditions applying to the structure or land in question are peculiar <br />to such property or immediately adjoining property.*’ <br />The property is a 1.0 acre parcel located within a 2-acre zone. In the opinion of staff <br />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 />Many of the surrounding properties meet the zoning requirement of 2-acres. In the <br />opinion of staff this criterion is met. <br />! <br />t I <br />\ ]
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