08-09-2004 Council Packet - Laserfiche WebLink

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Page 2 of 3 “Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be grantea for earth sheltered construction as defined in Minnesota Statutes, Section 116J.0S, Subd. 2. when in harmony with this Chapter." Not Aoplicable_______________________________________________ 6. "The Board of Appeals and Adjustm.ents 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 Variance is for a attached Double garage. Attached garages are allowed in the zoning 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." 8.“The special conditions applying to the structure or land in question a*e peculiar to such property or immediately adjoining property," The setback of 50*0" is a code for the paticular area of Orr There are a few lots that are 113' wide. The zoning only allw..i 13'0 of building area. The zoning is causing the reason for thi varinee ~~~ “The conditions do not apply generally to other land or structures in the district in which said land is located." Nn, except for a few lots in the area,the rest of the city ha less restrictive setback and the attached garage would not be varince in the rest of the zoned areas. ~ “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.“ A finiihlp car car is necessary . Most cities do not even allow anything 1ess than a double car garage to be built. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other resoect be contrary to the intent of the Zoning Code." Threr are not any health or safety issues. •/ 4* ^ r,V.. 1 0 j- Aj ' ‘ I ' i ‘ *'■