Laserfiche WebLink
FILE# 03-2953 <br />Novtmber 13.2003 <br />Page 4 of 5 <br />Staff would nake the following recommendations in regards to the criteria for “undue <br />hardship" pertinent to this application: <br />1. "The property in question cannot be put to a reasonable use if used under <br />conditions allowed by the ofTicial controls.” <br />In the opinion ofstaff this criterion is not met. <br />2. “The plight of the landowner is due to circumstances unique to his property uot <br />created by the landowner." <br />The applicant has proposed to reconstruct the entire home, thus requiring more strict <br />standards than that of a remodel. The property, excepting the lot width and lot area <br />variance, must have a full review and be brought into compliance in the circumstance <br />of a re-build. <br />3. "The variance, if granted, will not alter the essential character of the locality.' <br />In the opinion ofstaff this criterion is met. <br />4. “Economic considerations alone shall not constitute an undue hardship if <br />reasonable use for the property exists under the terms of the Zoning Chapter." <br />The applicants have not indicated economic considerations as their hardship. In the <br />opinion ofstaff this criterion is met. <br />5. "Undue hardship also includes, but 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. “The Board of Appeals and Adjustments or the Council may not permit as a <br />variance any use that is not permitted under 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 are peculiar <br />to such property or immediately adjoining property." <br />In the opinion of staff this criterion is met. <br />9. “The conditions do not apply generally to other land or structures in the district in <br />which said land is located." <br />In the opinion of staff this criterion is not met.