10-27-2003 Council Packet - Laserfiche WebLink

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#02-2858 - 2659 Casco Poiot Road October 17,2003 Paged Staff would make the following recommendations in regards to the criteria for "undue hardship" pertinent to this application: 1. 2. 3. 4. 5. 6. 7. 8. 9. ‘The property in question cannot be put to a reasonable use if used under conditions allowed by the ofllcial controls.” The property can be used reasonably if the variances are denied. “The plight of the landowner is due to circumstances unique to his property not created bv the landowner.” r r , j The only unique circumstance is that a nonconforming deck was replaced without the proper prior approvals. ^ “The variance, if granted, will not alter the essential character of the locality.” The variance will have little impact on the character of the locality, but will not be in keeping with City goals for lakeshore properties. “Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.” While economics have not been cited by applicant as a hardship, applicant has e.xpressed to staff his frustration with the approval process costing more than the project itself “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.” Not applicable. “The Board or Council may permit as a variance the temporary use of a one-family dwelline as a tw'o-family dwelling.” ® Not Applicable “The special conditions appl^ng to the structure or land in question are peculiar to such property or immediately adjoining property.** The zoning code limiting the use of lakeshore property applies to neighboring properties. ‘ The conditions do not apply generally to other land or structures in the district in which said land is located.” The zoning code limitations apply to all properties within the Shoreland Overlay District. “The granting of the application is necessary for the preservation and enjoyment of a substantial proper!}' right of the applicant.’* The property owner does not have an inherent right to replace in kind a nonconforming structure when it has reached the end of its useful life.