02-17-2004 Planning Packet - Laserfiche WebLink

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M04-2M9 JMuar; ZO. 2004 Pap 6 of I The Planning Commission should discuss with the applicant the need of the proposed decks, porch and 4-car garage and determine if a re-^sign incorporating a smaller porch and deck, and smaller garage area is warranted. The Planning Commission should also consider that a full 2**^ story isn't proposed and could potentially be an ideal way to reduce hardcover on the property. Staff would make the following recommendations in regards to the criteria for “undue hardship'* pertinent to this application: 1 . ‘The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." Lot area and width variances are required in order to build a new residence, H hich is an inherent right the property owner Puts The lot could be rebuilt at the required 25% hardcover, however, the strict enforcement of this requirement may not be reasonable on this lot. 2. "The plight of the landowner is due to circumstances uiuque to his property not creat^ 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 landcwner has control over 3. "The variance, if grai.ied, 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 w ith regard to setting precedent. 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.” Sot applicable 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 defmed in Minnesota Statutes, Section 1 16J.06, Subd 2, when in harmony with this Chapter." Sot applicable 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use tlut 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 allow ed by the zoning district, and as such variances can be granted to those uses 7. "The Board or Council may permit as a variance the temporar>' use of a one-family dwelling as a two-family dwelling."