07-28-2003 Council Packet - Laserfiche WebLink

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#03-2916 July 16.2003 Page 4 Hardship Statement Applicant has provided a hardship statement in Exhibit B, and should be asked for his additional testimony regarding the application. Hardship Analysis In coMsidetUtg appUcMtons for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, dMger office, risk to the public safety, and the effect on values ofproperty 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 nvuld 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 wUl 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 ofTicial controls.” The property is currently being put to a reasonable use. but approximately half of the existing house is less than 7 5'from the shoreline. “The plight of the landowner is due to circumstances unique to his property not created by the landowner.” The existing house was constructed at this location in the early I950'sprior to adoption of the code requirement for a 75' setback. This condition was not created by the current landowner, but is not necessarily unique in the LR-IB zone. 3.The variance, if granted, will not alter the essential character of the locality.” The proposed additions will have little impact on the essential character of the localit)\ 4.“Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists un. .. the terms of the Zoning Chapter.” Economics have not been sugge.sied by the applicant as a hardship. 5.Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. N'ariances shall be granted for earth sheltered construction as deflned in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter.” (Not Applicable) 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 aflected person's land is located.” (Sot Applicable) Ii