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L N03-29M June 12,2003 Page 4 Hardship Analysis /n coMsUerlHg appUcations for vortance, the PloHolog CommbsioH shoU comider the effect of the proposed variance upon the health, safety and welfare of the commanby, existing and anticipated traffic conditions, light and air, danger of/Ire, risk to thepuNIc safely, and die effect on values of property In the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code In Instances where their strict enforcement would cause undue hardship because of circumstances unique to the Individual properly under consideration, and shall recommend approval only when it is demonstrated that such actions will be In keeping with the spirit and Intent of the Orono Zoning Code. Staff would make the following recommendations in regards to the criteria for "undue hardship" pertinent to this application: 1. 2. 3. 4. 5. 6. 7. ‘The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." The property has reasonable use without the proposed retaining walls on the lake side of the road. A 4' wide stairway to provide pedestrian access to the shore can be allowed by administrative permit. The wall on the street side of the road is marginally necessary to allow for ease of maintenance. ‘The plight of the landowner is due to circumstances unique to his property not created by the landowner." TTte landowner is attempting to create a flat area by using walls that are not needed for slope stability. This is a 'plight' created by the landowner. The wall on the house side of the road may be neededfor slope stability but has the potential to create aflat area of new hardcover for parking if constructed off the right-of-way. ‘The variance, if granted, will not alter the essential character of the locality.” The shoreline in this area has been in yard area for many tears and creation of tiers by use ofretaining walls that may providefor vehicular storage will have a negative visual impact in the neighborhood and add to a feeling of congestion. “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 stated the hardship is economic. “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." Not Applicable. “The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person’s land is located." Not Applicable. “The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." (Not Applicable) J: s1