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01-20-2004 Planning Packet
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01-20-2004 Planning Packet
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1/26/2023 11:15:37 AM
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8. <br />•04.»T® <br />Jaanar) 20,20O» <br />Fagf 6 of 7 <br />created by the landouTter." <br />Without the landowner doing anything to his property, hardships are inherent due <br />to the house being constructed in 1950. the new construction of the house to the <br />south, and the level of existing hardcover. <br />"The variance, if granted, uill not alter the essential character of the locality." <br />Should the variances be granted the essential character of the locality would not <br />be affected If anything, the applicant s property has the least visual effects from <br />the lake than many of the homes along Bay Ridge Road <br />“Economic considerations alone shall not constitute an undue hardship if <br />reasonable use for the property exists under the terms of the Zoning Chapter " <br />Xot applicable <br />“Undue hardship also includes, but is not limited to. inadequate acce? direct <br />sunlight for solar energy systems. Variances shall be granted for earth snellered <br />construction as defined in Minnesota Statutes, Section I I6J.06. Subd 2. when in <br />harmony with this Chapter." <br />Xot applicable <br />"The Board ot Appeals and Adjustments or the Council may not permit as a <br />variance any use that is not permined under this Chapter for property in the /one <br />where the affected person's land is located." <br />All the laes proposed are uses allowed by Chapter "V of the City Code <br />“The Board or Council may permit as a variance the temporary use of a <br />one-family dwelling as a two-family dwelling." <br />Xot applicable <br />"The special conditions applying to the structure or land in question are peculiar <br />to such property or immediately adjoining propeny." <br />The special conditions arise due to the age of the existing structure and the new <br />construction of the home to the south <br />11. <br />“The conditions do not apply generally to other land or structures in the district in <br />which said land is located." <br />It is of staffs opinion that his criterion is met <br />"The granting of the application is necessary for the preservation and enjovment <br />of a substantial property right of the applicant." <br />The proposed variances are required should the applicant want to pursue anv <br />improvements to the home beyond an interior remodel, regardless if the footprint <br />is changed <br />"The granting of the proposed variance w ill not in any w ay impair health, safety, <br />comfort, morals, or in any other respect be contrary to the intent of the Zoning
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