07-28-2003 Council Packet - Laserfiche WebLink

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#03-2907 June 12,2003 Page 4 Hardship Analysis In considering appltcarions for variance, the Planning Commission shall consider the ^ect of the proposed variance upon the health, safety and welfare of the communit}', existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the 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 property 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.“The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls.” Some variances will be necessary to make changes to the property, however it is currently being used for a reasonable use and can continue to be used in that manner without \ariances. 2.“The plight of the landoNMier is due to circumstances unique to his property not created bv the landowner.” The plight of the landowner is self created in that the landowner is proposing to make changes to the property knowing full well in advance the limitations of the property. 3.The variance, if granted, will not alter the essential character of the locality.” The lot at such a small size is an anomoly in the neighborhood and the granting of the requested variances on it may tend to increase visual density and structure massing in the neighborhood, and reduce light air and open space which adjoining lots properly maintain. 4.“Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.” Applicants have not suggested this proposal is for economic gain. A neighboring property owner has suggested this may be a spec house... 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 defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter.” A second story 4-5'from a side lot line may have severe impacts in blocking sunlight to the adjoining property to the NIV. 6.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 7.“The Board or Council may permit as a variance the temporary use of a one-fathily dwelling as a two-family dwelling.” (Not Applicable)