08-25-2003 Council Packet - Laserfiche WebLink

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4. 5. 6. 7. 8. 9. 11. gammi W3-293I August 11,3003 Page 4 ofS because the proposed changes are very minor. "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 ^ 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 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." There are topographic constraints to the property which are peculiar to the land in question. Also, the orientation of the house creates a hardship. “The conditions do not apply generally to other land or structures in the district in which said land is located." The orientation and topographical characteristics of this lot is unique. “ The granting ot the application is necessary for the preseivation and enjoyment of a substantial property right of the applicant." Other than to severely limit the location of a garage, a variance is necessary for the applicants to replace the existing garage. “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."