01-20-2004 Planning Packet - Laserfiche WebLink

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FllE* 04-2987 January 6.2004 Paga4ef9 Hardship Auhsismwm^m ^ ’“* *'*"•"""•"* -* finds there is a hardship caused by the situation that resulted in the exisUng bam being destroyed. Staff uill support a variance to allow an oversized accessory siiucture exceeding the UOO s.f. by 300 s.f. to be constructed in the place of the old bam as the destruction of the bam u-as neither the applicant’s intent nor an act of God. Staff wodd make the following recommcndaiions in regards to the criteria for “undue hardship" pertinent to this application; 1. “The property in question caiuwt be put to a reasonable use if used under conditions allowed by the official controls." The property can be used, and an oversize structure can be conuructed under the reasonable controls. In the opinion of staff this criterion is met 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The existing barn was destroyed by afire which was ruled an arson. The applicant did not cause the circumstances In the opinion of staff this criterion is met. 3. “The variance, if granted, will not alter the essential character of the locality." The harn which was destroyed was 2.616 sf and existed for over 25 years in the same location Replacing the old larger bam with a new bam 1.116 s f smaller will not alter the c.usracter of the locality. In the opinion ofstaff this criterion is met 4. “Economic considerations alone shall rx>t constitute an undue hardship If reasonable use for the property exists under the terms of the Zoning Chapter." The applicant has not indicated economics in the application In the opinion of staff this criterion is met ' ^ 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.” AV/f as a6. “The Board of Appeals and Adjustments or the Council mav not permit _ s yiancc any use that is not permined under this Chapter for pr^pem in the zone where the affecied person's land is located " K.4