01-20-2004 Planning Packet - Laserfiche WebLink

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FILEi04.2MO January 13. 2004 Pa9t4QlS 1. “The property in question cannot be put to a reasonable use if used under conditions allowed by the ofTicial controLs.** The property cannot be expanded H tthin the official controls due to the existing home location and the challenging topography of the lot. In the opinion of staff the criterion is met. 2. “The plight of the landowner is due to circumstances unique to his property not created by the landowner.” The property 's unique conditions are not created by the landowner. In the opinion of staff this criterion is met. 3. “The variance, if granted, will not alter the essential character of the locality.” In the opinion ofstaff this criterion is met 4. “Economic considerations alone shall not 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 their application, rather the challenging lot and the location of the existing home 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 syste.ns. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes. Section 116J.06, Subd. 2. when in harmony with this Chapter.” S/A b. “The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permined under this Chapter for property in the zone where the affected person's land is located.” S/A 7. “The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-famih dwelling.” S/A 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining propeny.” .Most of the homes adjacent ha\e property which allowed for the homes to meet the front yard setback In the opinion of staff this criterion is met 9. “The conditions do not apply generally to other land or structures in the district in which said land is located.” The property is narrow and slopes to a u.rr lowland In the opinion of staff this criterion is met