07-21-2003 Planning Packet - Laserfiche WebLink

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Ordinance requirements /or average lakeshore setback M2-2409A jMly 21,2003 Page 4 ofS 8. "Economic considerations alone shall not constitute an undue hardship ifreasonable use for the property exists under the terms of the Zoning Chapter." Sot appiicabie "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 vsiili this Chapter." Sot appheabte "The Board of Appeals and Adjustments or the Council may not permit as a s-ariance any use that is not permitted under this Chapter for property in the zone where the aficctcd person's land is located.” The proposed use is a use allowed in the LR-IB single family lakeshore soning district. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Sot applicable "The special conditions applying to the structure or land in question arc peculiar to such property or immediately adjoining property." The fact that the property is located on a point placing the existing house and deck in the axerage lakeshore setback is a special condition inherent to this property. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located.” The characteristics ofthis property generally do not apply to other properties in the surrounding area or zoning diOrict 10. "The granting of the application is necessary for the prescrtaiion and cnjo>mcnt of a substantial property right of the applicant.” Granting of the application allows the applicant further enjoyment of his/her property. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.” The proposed variance will not in any way impair the health safety, confort, morals or the Intent of the Zoning Ordinance. 12. ”The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." The pmting cf the proposed variance wiU help aUeviate the properties inherent hardship.