07-28-2003 Council Packet - Laserfiche WebLink

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4. 5. 6. 7. 8. 9. II. 12. Ordinance requirements for average lakeshore setback M2-2M9A July2l.200J Page 4 ofS "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." Not applicable “Undue hardship also includes, but is not limited to, inadequate access to dii«ct sunlight for wlar 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." The proposed use is a use allowed in the LR-IB single family lakeshore zoning district. •The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Not applicable The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The fact that the property is located on a point placing the existing house and deck in the average lakeshore setback is a special condition Inherent to this property. The conditions do not apply generally to other land or structures in the district in which said land is located.” The characteristics of this property generally do not apply to other properties in the surrounding area or zoning district. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting of the application allows the applicant further enjoyment of his/her property. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.” The proposed variance wUl not in any way impair the health, safety, comfort, morals or the intent of the Zoning Ordinance. ^ The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty.” The granting of the proposed variance will help alleviate the properties inherent hardship.