10-25-2004 Council Packet - Laserfiche WebLink

Home Browse Search

EXHIBIT B Hardship Documentation 1. “Tlie property in question can not be put to a reasonable use if used under conditions allowed by the of^cial controls” N/A 2. “Tlie plight of the landowner is due to circumstauces unique to his property not created by the landowner.” The existing home was constructed witliin 75* of the lakeshore prior to the adoption of the 1975 hardcover ordinance that introduced the 75’ setback from the lake shore. The master suite currently does not meet the natural light requirement of S% glazing of the room’s square footage. In addition, the existing space does not meet the 4% natural ventilation requirement. The natural ventilation requirement also requires the windows to be ‘readily controllable,’ which the existing window does not satisfy these conditions due to it being located behind the tub. The proposed will meet and exceed all of these requirements. 3. ‘‘Tlie variance, if granted, will not alter the essential character of the locality.” The character will be enhanced by creating a more aesthetically pleasing and balanced structure from the lake view. Even though an increase will be made to the square footage of the elevation, the increase will only be a total of 2.1%. This will not increase the overall height of the structure. The new dormer will rcmaui within the height of the existing structure therefore the profile will not increase in size from the elevation view. 4. “Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.” Economics do not play a role. The change in question would cost more than it would to keep the existing condition. 5. “Undo 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, Sectionl 16J.06, Subd. 2, when in harmony with tliis chapter.” The master suite currently does not meet the natural light requirement of 8% glazing of the room’s square footage. The proposed will meet this requirement. 6. “The Board of Appeals and Adjustments or the Council may not pennit 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.” N/A 7. “The Board of Council may permit as a variance the temporary use of a one-famiiy dwelling as a two-family dwelling.” N/A & ') k hcijC r. i'i V ; I of 2 L