10-27-2003 Council Packet - Laserfiche WebLink

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FILEM3-29S2 October 10.2003 Page4ofS Hardship Statement Applicant has provided a brief hardship statement in Exhibit A, and should be asked for additional testimony regarding the application. Hardship Analysis In consUering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and weffare of the community, existing and anticipaud tt^fic conditions, light and air, danger of fire, rbk to the public safety, and the effect 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 the 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.” Over % of the property is located ahead of the average lakeshore setback. In the opinion ofstaff this criterion is met. 2. “The plight of the landowner is due to circumstances unique to his property not created by the landowner.” In the opinion of staff this criterion is met. 3. “The variance, if granted, will not alter the essential character of the locality.” The proposed changes will lessen the bulk and mass of the home, thus will improve the character of the locality. In the opinion ofstaff this criterion is met. 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 economic consideration for this project. In the opinion ofstaff this criterion is met. 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. 1. “The Board or Council may permit as a variance the temporary use of a 1 i