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06-14-2004 Council Packet
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06-14-2004 Council Packet
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EXHIBIT B <br />Hardship Documentation <br />1. “The property in question can no; be put to a reasonable use if used under conditions allowed <br />by the official controls ’* <br />N/A <br />2. “The plight of the landowner is due to circumstances unique to his property not created by the <br />landowner.” <br />The existing home and tuck under garage are located within the 75 ’ setback from the <br />shoreline. Due to the descent of the driveway and condition of the existing tuck under <br />garage, it is impossible to park a targe vehicle in the tuck under garage. The existing <br />detached garage and portion of the driveway leading to this garage are located within the <br />setback of the delineated wetland and the side property setback. The wetland located on <br />the Owner’s property reduces the allowable area to build by more than half. Due to the <br />wetland, the property owner in question and adjacent property owner share a driveway. <br />The majority of the driveway, located within the 75 ’ to 250 ’ setback, is on the property in <br />question. This increases the hardcover and decreases the impervious area to the property <br />in question. <br />3. “The variance, if granted, will not alter the essential character of the locality.” <br />The character will be enhanced by the removal of some existing shucrures, net decrease <br />in hardcover, elimination of structures in side setback, and total elimination of structures <br />and hardcover in the delineated wetland setback. Per the re^uest, the net hardcover <br />reduction would be 3.41%. The aesthetics of the new staicture would also be enhanced <br />compared to the existing detached garage. The addition of the new structure would also <br />allow for all vehicles and recreational equipment to be housed within die garage and not <br />be stored out on site. <br />4. “Economic considerations alone shall not constitute an undue hardship if reasonable use for <br />the property exists under the terms of tlie Zoning Chapter.” <br />Economics do not play a role. The cost of renovating the existing detached structure <br />would be less than building a new structure and removing the existmg structures. <br />5. “Undo hardship also includes, but is not limited to, inadequate access to direct sunlight for <br />solar energy systems. Variances shall be granted for earth sheltered construction as defined <br />in Minnesota Statutes, Sectionll6J.C6, Subd. 2, when in harmony with this chapter.” <br />N/A <br />6. “The Board of Appeals and Adjustments or the Council may not permit as a variance any use <br />that is not permitted under this Chapter for property in the zone where the affected person's <br />land is located.” <br />N/A <br />7. “The Board of Council may permit as a v.uiancc the temporary use of a one-family dwelling <br />as a two-family dwelling.” <br />N/A <br />uif f « i/ <br />H f -\ -C' <br />TT “ a I't
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