07-21-2003 Planning Packet - Laserfiche WebLink

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the applicant has proposed. M3-29I2 July 21,2003 P«|c4orS "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." Not applicable "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 1 16J.06, Subd. 2. when in harmony with this Chapter." The proposal would not affect neighboring properties * access to direct sunlight. 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." The proposed use is a use allowed in the /.R-lA. Single Family Lakeshore Residential district. “The Board or Council may permit as a variance the temporar)* use of a one-family dwelling as a tw'o-family dwelling." Not applicable special conditions applying to the structure or land in question arc peculiar to such property or immediately adjoining property." The character of the neighborhood and the subject property are that of one acre lots within a two acre district "The conditions do not apply generally to other land or structures in the district in which said land is located.” nWe the conditions apply to the applicants property and the surrounding neighborhood the conditions do not apply generally to all property w ithin the tw o acre minimum zoning district "The granting of the application is necessar>' for the preservation and enjovTnent of a substantial property right of the applicant." Granting of the application allows the property owner further enjoyment of his/her property. 1 1 . "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." 12. "The granting of such variance will not merely serve as a convcmence to the applicant, but is necessary to alleviate demonstrable hardship or difficulty."