09-22-2003 Council Packet - Laserfiche WebLink

Home Browse Search

M03-2905 June 13,2003 Page 3 Hardship Statement Applicants have provided a brief hardship statement in Exhibit A, and should be asked for their additional testimony regarding the application. Hardship Analysis In considering appllcallons for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the fffect on values of property In the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code In instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be In keeping with the spirit and intent of die Orono Zoning Code. 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 conditions allowed by the official controls.’* The property’ as it exists is being pul to a reasonable xse. “The plight of the landowner is due to circumstances unique to his property not created by the landowner.” The plight of the landowner in regard to the average setback encroachments is a result of the locations of adjoining homes, which applicant cannot control. In regards to the lot coverage e.xcesses and setback for garage, these are a direct result of owner's desire for more home and space. 3.“The variance, if granted, will not alter the essential character of the locality.” The garage addition extending forward ofthe home may be somewhat out ofcharacter with the neughborhood: the deck and porch additions will not alter the characU < of the neighborhood. 4.“Economic considerations alone shall not constitute an undue hardship if reasonable use the property exists under the terms of the Zoning Chapter.” Economics ha\e not been discussed by applicant as a factor. 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.” Sot applicable. 6.“The Board of Appeals and Adjustments or the Council may not permit as a variance ar^y use that is not permitted under this Chapter for property in the zone where the affected person's land is located.” Sot applicable.