08-25-2003 Council Packet - Laserfiche WebLink

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tm-im July 21,2003 Pag*3 of 5 wetlands and associated vegetation extend almost to the pavement of the private drive. Should address monuments be placed approximately IS* from the roadway and private drive they would be almost in the wetland possibly affecting the structural integrity of the monuments over time. Therefore, staff feels that a wetland setback variance should not be granted based on sight visibility issues and alternatives should be examined. 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 2. 4. 5. 6. conditions allowed by tlic olllcial controls.' Should a variance be denied, the property can still be put to a reasonable use due to the existing nature of the property. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The vegetation and wetland located at the entrance to the property are unique circumstances. Should the Planning Commission determine that there is a hardship: the wetlands should be delineated to confirm the magnitude of the variance. 3. "The variance, if granted, will not alter the essential character of the localit}'." Address monuments exist in other areas of the city and would not alter the essential character of the locality. “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 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." 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 propeity in the zone where the affected person's land is located." Not applicable y i I