Laserfiche WebLink
» <br />#03-2944 <br />September IS, 2003 <br />Page 4 ofS <br />Suff would make the following recommendations in regards to the criteria for “undue <br />hardship” pertinent to this application; <br />1. <br />2. <br />3. <br />5. <br />6. <br />7. <br />8 <br />9. <br />“The property in question cannot be put to a reasonable use if used under <br />conditions allowed by the otTicial controls." <br />The property could exist in its current state. <br />“The plight of tht landowner is due to circumstances unique to his property not <br />created by the landowner." <br />The unique circumstance is that the property had a deck which was non- <br />conforming due tc the level of hardcover on the property. <br />“The variance, if granted, will not alter the essential character of the locality.' <br />Both adjacent houses have lakeside decks. <br />4. “Economic considerations alone shall not constitute an undue hardship if <br />reasonable use for the property e.\ists under the terms of the Zoning Chapter. <br />Not applicable <br />“Undue hardship also induces, but is not limited to, inadequate access to direct <br />sunlight for solar energy systems. Variances shall be granted fo- earth sheltered <br />construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in <br />harmony with this Chapter." <br />Not applicable <br />“The Board of Appeals and .Adjustments or the Council may not permit as a <br />variance any use that is not permined under this Chapter for property in the zone <br />where the affected person's land is located." <br />Decks are permitted uses in residential zoning districts. <br />“The Board or Council may permit as a variance the temporary use of a <br />one-family dwelling as a two-family dwelling." <br />Not applicable <br />“The special conditions appbing to the structure or land in question are peculiar <br />to such property or immediately adjoining property." <br />At some point a deck was bund and has been a part of the existing home for some <br />lime. During this time, circumstances which happened on the property have <br />brought it into non-compliance. This creates a special condition applying to the <br />structure. <br />"The conditions do not apply generally to other land or structures in the district in <br />which said land is located." <br />Some decks are built and at some point come into non-compliance unbeknownst <br />to the property ow ner due to other changes which have occurred on the property, <br />however this does not apply generally to the district.