03-16-2003 Planning Packet - Laserfiche WebLink

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M3-29N J«acll,2M3 P«t>3 Hardship StateMMt Applicant has provided a brief hardship statement in Exhibit A, and should be asked for his additional testimony regarding the implication. Hardsliip Aaalysb tm €mm$U*Hmg afpHetd0ms ftr vaHtmet, the PUamtmg CammbtJoii thaB €am%Uar fft# affect afAe prapated variamee apam the keatk, i^ety amd we^ate af the eammaakp, axlutmg and anticipated traffic camditiamt, tight and air, danger affiee, risk tathapnttie safety, and the effect an mines af praperty in the surrannding area. The banning Cansmissian shaU cansider recaatmending a^rardt far eariancesfram the literal pravislans af the Zaning Cade In instances where their strict enforcement wantd canse mndme hardship because of circumstances unigue ta Ae IndMdnal praperty under cansideratlan, and shaU recammend appravat aniy when It b demaustraeed that such actiams wB! be in keeping with the spirit and Intent of the Orana Zaning Cade. Staff would make the following recommendations in regards to the criteria for "undue hardship" pertinent to this application: 1. The pnm^rty in question cannot be put to a reasonable use if used under conditions allowed by the official controls.** The site has had a residence on it for many years and cannot continue to be used for residential purposes unless a \-ariance is granted. The property is zonedfor residential use. 2. **The plight of the lando>%7icr is due to circumstances unique to his property not created by the laiKlowner.** The lot area and width haxe exbted as nonconformities for many years. The lot was originally created prior to adoption of the S-acre/SOO'zoning requirements. 3. The variance, if granted, will not alter the essential character of the locality.** A variance to construct a new residence on the property will allow the site to remain in keeping with the essential character of the locality. 4. *‘Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.” Economic consideration u not a factor in this request. 5. ”Undue hardship also iiKludes, 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 1 16J.06, Subd. 2, when in harmony with this Chapter.” Sot Applicable 6. ”Tbe Board ofAppeals 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.” Sot Applicable