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—0- < <br />M2-2910 <br />July 16.2003 <br />Page 3 <br />West Side Yard Setback Variance <br />Reconstruct an attached porch and deck 15’ from the side yard setback where a 30 ’ setback is <br />required. The proposed porch would encroach 3’ further into the side yard setback than the <br />existing house. <br />Hardship Statement <br />Applicant has provided a brief hardship statement in Exhibit A, and should be asked for <br />additional testimony regarding the application. <br />Hardship Analysis___________________________________________________ <br />7n considering appUcatlons for vartance, the Planning Commission shall consider the effect of the <br />proposed variance upon the health, safety and welfare of the community, exbtlng and anticipated <br />traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of <br />property In the surrounding area. The Planning Commission shall consider recommending approval <br />for variances from the literal provisions of the Zoning Code In instances where their strict <br />enforcement would cause undue hardship because of circumstances unique to the Individual <br />property under consideration, and shall recommend approval only when It Is demonstrated that such <br />actions will be In keeping whh the spirit and Intent of the Orono Zoning Code. <br />[. “The property in question cannot be put to a reasonable use if used under conditions <br />allowed by the official controls.” <br />The Vj acre lot subjected to 2-acre lot standards makes It difficult to use the property in <br />a manner allowed by the official controls. <br />2. “The plight of the landowner is due to circumstances unique to his property not created <br />by the lando\\-ner." <br />In the opinion of staff this criterion is met. <br />3. "The variance, if granted, will not alter the essential character of the locality." <br />In the opinion ofstaff this criterion is met. <br />4. “Economic considerations alone shall not constitute an undue hardship if reasonable use <br />for the property exists under the terms of the Zoning Chapter." <br />The applicants have not suggested that economic considerations are a factor. <br />5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight <br />for solar energy systems. Vu nances shall be granted for earth sheltered construction as <br />defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this <br />Chapter." <br />N/A <br />r*