09-13-2004 Council Packet - Laserfiche WebLink

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5."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." "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 properly in the zone where the affected person's land is located." A detached private oaraoe is a permitted accessory use in this zone________________________ The Board or Council may permit as a variance tne temporary use of a one-famiiy dwelling as a two-family dwelling." 8 "The special conditions applying to the structure or land in question arc peculiar to such property or immediately adjoining property." The corner of the original detached oarace was constructed less than 10 feet from the side property line, and this condition was in existence for many years.___________________________ "The conditions do not apply gencally to other land or structures in the district in which said land is located." This application is based upon the fact that the corner of the oncinal detached garage was constructed less than 10 feet from the side property line This condition does not apply generally to other land or structures In the district._________________________________________________ "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The detached oarace is an important component of the property that adds value and contributes to the enjoyment and desirability of the property. The original oarage had deteriorated duejo moisture problems and become unsightly. Reccnstruct.on of the garage with a raised floor, a sound structure, and an attractive extenor that complements the main house helps to preserve the value of the property and the aopl cant's property rights and enhances the neighborhood "The granting of the proposed variance will not m any way impair health, safety, comifort, morals, or in any other respect be contrary to the intent of the Zonmg Code." The orantina of the variance to reconstruct the original oarace in its original location does not change anv conditions in the neighborhood or harm any neighbor or member of the public The oaraoe is screened from the neighboring property by means of an existing fence The encroachment upon the setback is very small, consist no of only one corner of the ga^ace and only 1.5 feet. Reconstruction of the oaraoe in its original location w th its oriqonal dirr.ensior.s does not add any new hardcover. Reconstruction of the deteriorated structure improves public health and comfort._______________________________________________________________ !J[!:*• ^ V —• * ok r • t .r-** /V/ 'Ai •• />' 0 * i*»iJ •J' i:-\J> 2565832VI