04-12-2004 Council Packet - Laserfiche WebLink

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W4-2992 March 15.2004 Pace 6 of 7 further from the lake than before, which in turn made the applicant’s home non- conforming and thus creating a hardship. The Planning Commission should discuss the impacts of changing the envelope of the structure at this comer and whether views are obstructed. Staff would make the following recommendations in regards to the criteria for “undue hardship” pertinent to this .application: 1. 2. 3. 4. 5. “The property in question caruiot be put to a reasonable use if used under conditions allowed by tlie official controls." The property is currently non-conforming \iith respect to side setback, hardcover and average lake shore setback Any changes, whether the non-conformities increase or not, requires variance approvals Therefore, the official controls make it virtually impossible for the property owner to improve his home. “The plight of the landowner is due tr circumstances unique to his property not created by the landowner." The applicant hasn't created any of the non-conformities on the property. The property yvas developed pre-current Zoning Ordinance and the applicant complies with all the vari ince approvals granted in 1992. "The variance, if granted, will not alter the essential character of the locality." The essential character of this neighborhood is narrow lots with tall, 2 and V: story homes. The applicant's property is actually double the width of his neighbor's and will only be 2 stories rather than 2 and '/: thus not creating an "out of the ordinary" circumstance. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." Not applicable "Undue hardship also includes, but is not limited to, inadequate access to direct sunligb.t 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 “The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." The improvements proposed are allowed uses under the zoning requii ements of the property. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Not applicable