01-20-2004 Planning Packet - Laserfiche WebLink

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^o«t«b«r 17.2MJ rebuild situations. Staff mil hold to this suggestion as new homes have consistently been held to 15%. No hardship e.xists to allow structural coverage in e.xcess of 15% due to the allowable building pad of 3,093 square feet as shown on Exhibit J. This is more than double what the ordinance allows for in particularly small lots where a minimum of 1.500 square feet is allowed. Staff would support a lot area variance as this is a routine N-ariance which is required with rebuild situations where the lot doesn't meet the area requirement for the respective zoning district. The lot is a legal lot of record which requires approval of th:s variance request Staff would make the following recommendations in regards to the criteria for ”undue hardship** pefinent to this appH Mio"' 1. ‘The property in question caruiot be put to a reasonable use if used under conditions allowed by the official controL.” A reasonably sired home could be placed on the lot meeting all requirements. 2. *The plight of the landowner is due to circumstances unique to his property net creat^ by the landowner." There are no circumstances unique to this property which would Justify granting of the variances as proposed Staff has indicated that a hardcover variance could be explored due to the shallowness of the lot and the need for a turnaround but 44% is excessive to what has consistently been approved with rebuild situatiorj. as is the 19% structural coverage. A reasonably sized home could be constructed on the lot meeting all requirements. 3. "The variance, if granted, will not alter the essential character of the locality." The nature of the lot at shown in Exhibit I is smaller lots with modesty '-lotprints and 7-2 V: story homes. This house as proposed may alter the essential character of the LR - IC zoning locality along Shadp%ood Road. 4. "Economic considerations alone shal' not constitute an undue hardship if reasonable use for the property e.xists under the terms of the Zoninj Chapter." The applicant has indicated th it her older parents u ould be moving in w hich causes the need for a larger house. This lot fits within the applicant's budget however, stafffeels that this lot cannot support the amu unt of hardcover and structural coverage the applicants feel they need 5. "Undue hardship also includes, but is not limited to. inadequate access to direa sunlight for solar energy systems. V'ariances shall be granted for earth sheltered construction as defined in Minnesota Statutes. Section 116J.06. Subd. 2. when in harmony with this Chapter * Abr applicable 6. "The Board of Appeals and Adjustments or the Council may not permit as a