07-28-2003 Council Packet - Laserfiche WebLink

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#03-2904 June 11,2003 Pnge3 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. 8. "The property in question cannot be put to a reasonable use if used under conditions allowed by the oflTicial controls.” The property in question £sn be put to a reasonable use if the hardcover variance is not granted The property contains an excess ofdriveway and retaining wall hardcover which is not necessary for reasonable use of the property. Reasonable use of the property is a single family residence with adequate vehicular and pedestrian access, which is perfectly feasible without the need for a hardcover variance. *The plight of the landowner is due to circumstances unique to his property not created by the landowner.” While the applicant is purchaser ofthe property and was not responsible for the hardcover excesses, he was advised ofthe overa^is’S prior to his purchase of the property and he agreed in writing (Exhibit F) to bring lU tn i:perty into hardcover compliance by June 1,2003. The variance, if granted, will not alter the essential character of the locality.” A visual comparison of this site with properties in the Minnetonka Bluffs neighborhood suggests that the property has excessive hardcover as compared to most properties in the neighborhood, and if this was the norm for the neighborhood, the character of the neighborhood would be much different. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the 2^ning Chapter.” "Extremefinancial and practical hardship " is cited by the applicant, noting that he requests the variance in part in orderfor the property to "maintain its value ". The value associated with non-compliant site features should not be legitimized by granting an after-the-fact variance in a case where the purchaser was clearly aware ofthe non-compliance (ifnot the actual degree of non-compliance) prior to the purchase and chose to tune the risk. "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 dwelliitg.” (Not Applicable) "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The special conditions applying to this property, i.e. the substandard lot si?e and limitations on hardcover, as well as the topography of the site, are common to this neighborhood.