01-20-2004 Planning Packet - Laserfiche WebLink

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•04-2M9 Janairy 20.2004 r«tci«rt The Planning Commission should discuss uith the applicant the need of the proposed decks, porch and 4>car garage and determine if a re*design incorporating a smaller porch and deck, and smaller garage area is warranted. The Planning Commission should also consider that a full 2^ stor>’ isn't proposed and could potentially be an ideal way to reduce hardco\*er on the property. Staff would make the following recommendations in regards to the criteria for “undue hardship" pertinent to this application: I. “The propcrt> in question cannot be put to a reasonable use if used under conditions allowed by the official controls." Lot area and i» idth variances are required in order to build a new residence, w hich is an inherent right the property ow ner has The lot could he rebuilt at the required 25% hardcover, however, the strict enforcement of this requirement may not be reasonable on this lot "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The challenging topography of the lot is a circumstance unique to the property and not a condition which the landowner created The requested hardcover variance is a circumstance which the landowner has control over "The variance, if granted, will not alter the essential character of the locality." The granting of a lot area and width variance will not alter the character of the locality as many of the lots in this I acre zone do not meet the I acre requirement. To w hat extent a hardcover variance is granted, may alter the neighborhood with regard to setting precedent •Economic considerations alone shall not constitute an undue hardship if reasonable use for the property e.xists under the terms of the Zoning Chapter " \ot applicable "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." Sot applicoMe "The Board of .Appeals and Adjustments or the Council may not permit as a \ariance any use that is not permitted under this Chapter for property in the zone where the affected person’s land is located." The uses the applicant has proposed are uses allowed by the zoning district, and as such variances can be granted to those uses "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling."