09-22-2003 Council Packet - Laserfiche WebLink

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M5-2943 September IS, 2003 Pages of6 The applicant has seems to have outgrown a small house. There is no unique circumstance to the property that would justify an increase in structural coverage because there are alternatives to adding living space. 3. “The variance, if granted, will not alter the essential character of the locality," The character of this lot and a few lots to the east are smaller lot, smaller house situations. Allowing a dramatic increase in structural coverage would change the character of this. Most of the other lots and house in the area meet the requirements of their zoning district. 4. “Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." The applicant has not indicated that economics are an issue. 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 116J.06, Subd. 2, when in harmony with this Chapter." Not applicable 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." The uses proposed are allowed in the LR - IB zoning district. 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Not applicable 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The shared driveway arrangement may be a condition which is peculiar to the property and would justify hardcover variances. However, there are no special conditions applying to the structure or land which would allow increases in structural coverage. 9. 10. “The conditions do not apply generally to other land or structures in the district m which said land is located." .Most of the properties immediately surrounding the applicant's property, except the marina, fall within allowable structural amoimts. “The granting of the application is necessary for the preservation and enjoyment, of a substantial property right of the applicant.” There are alternatives for adding a living space addition therefore not hindering the applicant's right to enjoy their property.