10-27-2003 Council Packet - Laserfiche WebLink

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, . - - -------- 1. 2. 3. 4. 5. 6. 7. 8 MU-MS4 October 20. M03 Page 4 of5 "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls.” The property can continue to be used in its current manner which consists of an 8 square foot patio. The applicants have the means to construct an additional 1 71 square feet without a variance. Constructing a patio which constitutes excess hardcover is not reasonable. “The plight of the landowner is due to circumstances unique to his property not created by the landowner.” The circumstance which limits the amount of additional patio to 1 71 square feet instead of1,000 square feet is a situation the landowner created when the 2,940 square foot addition was constructed in 2002, not a circumstance unique to the property. The properly is 3.94 acres in a '/: zone. “The variance, if granted, will not alter the essential character of the locality." The applicants ’ lot is substantially larger than the other lots located on Concordia Street. Because of this, it is very easy for the applicant to meet hardcover requirements. Should a variance be granted for hardcover on this lot the character of the neighborhood could be altered. “Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.' Not applicable “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 “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 proposed use is permitted in the LR - 1C zoning district. "The Board or Council may permit as a variance the temporary* use of a one-family dwelling as a nvo-family dwelling.” Not applicable “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” Staff does not find any special conditions applying to the structure or land in question that wouldjustify variance approval. 'The conditions do not apply generally to other land or structures in the district in j