08-25-2003 Council Packet - Laserfiche WebLink

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#02-2930 August 14, 2003 Page 5 of 6 5."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 1 16J.06, Subd. 2, when in harmony with this Chapter." N/A 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 affected person's land is located." N/A 7. “The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." N/A 8."The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." In the opinion of staff this criterion is not met. 9.“The conditions do not apply generally to other land or structures in the district in which said land is located." In the opinion of staff this criterion is not met. lO. “The granting of the application is necessary for the preser\'ation and enjoyment of a substantial property right of the applicant" In the opinion of staff this criterion is not met. 11 . “The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrar>' to the intent of the Zoning Code.' In the opinion of staff this criterion is met. 12. “The granting of such variance w ill not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." In the opinion of staff this criterion is not met. Issues for Consideration 1 . Does the Planning Commission find that the existing non-conforming fence within the 0-75’ zone be removed? 2. Docs the Planning Commission agree that the property should be restored to the levels previously approved in 1995? 3. Are tliere any other issues or concerns with this application? % .