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FILE#C3-2950 <br />Novemt«r 7. 2003 <br />Pas« 5 of 6 <br />1, “The property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls.’ <br />This property can be used under the official controls. In the opinion of staff this <br />criterion is not met. <br />2. “The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner." <br />The applicants did not contact the City to determine setback requirement nor did they <br />apply for a building permit. In the opinion of staff this criterion is not met. <br />3. “The variance, if granted, will not alter the essential character of the locality." <br />The character of this neighborhood is that of openly space.' 2-acre lots. Granting <br />this variance will allow for a 23b0 sf sport court to be located 5.8 ' from the side <br />property line where a 30 ' setback is required for sport courts over WOO s.f. <br />4, “Economic considerations alone shall not constitute an undue hardship if <br />reasonable use for the property e.xists under the terms of the Zoning Chapter." <br />The applicants have not stated that economic considerations are a part of their <br />hardship. In the opinion of staff this criterion is met. The fact that the in-place sport <br />court had a high price tag cannot be considered as a hardship. <br />5. “Undue hardship also includes, hut is not limited to, inadequate access to direct <br />sunlight for solar energy systems. Variances shall be granted for earth sheltered <br />construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in <br />harmony with this Chapter." <br />Not applicable. <br />6. “Ihe Board of Appeals and Adjustments or the Council may not permit as a <br />variance any use that is not permined unde: this Chapter for property in the zone <br />where the affected person's land is located.’ <br />Not applicable. <br />7. “The Board or Council may permit as a variance the temporary use of a <br />one-family dwelling as a two-family dwelling." <br />Not applicable. <br />8. “The special conditions applying to the structure or land in question ore peculiar <br />to such property or immediately adjoining property." <br />The conditions applying to the location of the sport court are completely dependant <br />on the other features structures within the applicants ‘ property. This property cannot <br />support a sport court of this size. In the opinion of staff this criterion is not met.