03-16-2003 Planning Packet - Laserfiche WebLink

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M3-2M5 Jmc 13.2003 Hardship SlalcMcnf Applicants have provided a brief hardship statement in Exhibit A, and should be asked for their additional testimony regarding the application. Hardship Analysis /m c^msUtriHg appUcaiiont for varkmce. Hie Ptaiuibit Commhilom skeU eomlder ike effect of tkeptepoud rarlamee upon Ike keehh, safety and metfare of Hte community, existing and anlklpaled traffic conditions, light and air, danger effire, risk to HiepuhNc safety, and the effect on values of property In the surrounding area. Th e Fiannlng Commission skatt consider recommending approval for variances from the literal provisions of the Zoning Code In Instances where their strict enforcement would cause undue hardship because of circumMances unique to the Individual property under consideration, and shaft reiommend approval onty when U b demonstrated that such actions will be In keeping with the spirit and intent of the Orono Zoning Code._____ Staff would make the following recommendations in regards to the criteria for "ui.duc hardship" pertinent to this application: 1. **Thc property in question cannot be put to a reasonable use if used under conditions allowed by the ofTicial controls.” The property as it exists is being pul to a reasonable sue. 2. “The plight of the landowner is due to circumstances unique to his properly not created by the landowner.” The plight of the lanJowver in regard to the aserage setback encroachments is a result of the locations of adjoining homes, which applicant cannot control. In regards to the lot coverage excesses arid setback for garage, ihesi are a direct result of owner’s desire for more home and space. 3. “The variance, if granted, will not alter the essential character of the locality.” The garage addition extending forward of the home may be somewhat out ofcharacter with the neughborhood: the deck and porch additions will not alter the character of the neighborhooiL 4. ”Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.” Economics have not been discussed by applicant as a factor. 5. 'ndue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy s>*stems. 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. “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.” Sot ttyrplieable.