10-27-2003 Council Packet - Laserfiche WebLink

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«03-2934 October 16,2003 Page 4 Hardship Statemeot Applicant has provided a hardship statement, and should also be asked for his testimony regarding the application. Hardship Analysis tm consideriHg applicatioms 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, rish to the public safety, and the effea on values ofproperty in the surrounding area. The nannlng Commission shall consider recommending approval for xariances 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 beeping wUh the spirit and intent of the Orono Zoning Code Staff would make the followmg 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 area and width variances are necessary to allow continued use ofthe sitefor residential purposes. 2.“The plight of the landowner is due to circumstances unique to his property not created by the landowner.” ^ The lot sice and relationship to surrounding roadways arefactors nc: under the applicant control. 3.“The variance, if granted, will not alter tlie essential character of the locality.” Granting of lot area and width variances to allow a replacement house will not alter the character of the neighborhood: but variances to allow an excessive size house too close to lot lines would have negative neighborhood impacts. 4.“Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.” Applicant has not suggested that economics are 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 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.” Not applicable. m1