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f <br />(N)}-289S <br />July 21.2003 <br />PagcSofO <br />and reducing structural coverage by 28 square feet. <br />Note that despite the fact that the applicant installed a patio door and ledger board, a <br />future deck was anticipated. The building code treats patio doors as windows, and the <br />City would not prohibit installation of a patio door knowing that a deck was impossib <br />but would require permanent blocking of that door for safety reasons. Merely allov/ing <br />installation of the door does not give the applicant any special rights to a deck. <br />Staff would make the following recommendations in regards to the criteria for “undue <br />hardship" pertinent to this application: <br />1. <br />2. <br />4. <br />5. <br />6. <br />"The property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls.* <br />The property is currently being used in a reasonable manner. <br />“The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner.* <br />The applicant currently has a small walkout off the lake side of the home. There <br />are no unique circumstances which would constitute additional variances above <br />and beyond what was already approved. <br />3. “The variance, if granted, will not alter the essential character of the locality.' <br />Not applicabh <br />“Economic considerations alone shall not constitute an undue hardship if <br />reasonable use for the property exists under the terms of the Zoning Chapter.' <br />Not applicable <br />"Undue hardship also includes, but is not limited to, inadequate access to direct <br />sunlight for solar energy systems. Variances shall be granted for earth sheltered <br />construction as defined in Minnesota Statutes, Secti^'n 116J.06, Subd. 2, when in <br />harmony with this Chapter.“ <br />Should the variance be granted or not granted, access to direct sunlight will not <br />be affected. <br />“The Board of Appeals and Adjustments or the Council may not permit as a <br />variance any use that is not permitted under this Chapter for property in the zone <br />where the affected person's land is located.” <br />The use proposed is an allowed use in its respective zoning district. <br />1