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08-18-2003 Planning Packet
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08-18-2003 Planning Packet
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2/9/2023 1:41:31 PM
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•03-2f22 <br />jHly21.200J <br />r«e>3«rs <br />wetlands and associated \egetation extend almost to die pavement of the private drive. <br />Should address monuments be placed approximately IS* from the roadway and private <br />drive they would be almost in the wetland possibly affecting the structural integrity of the <br />monuments over lime. Therefore, staff feels that a wetland setback variance should not <br />be granted based on sight visibility issues and alternatives should be examined. <br />Staff would make 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 official controls." <br />Should a variance be denied, the property can stili be put to a reasonable use due <br />to the existing nature of the property. <br />2. "The pli^t of the landowner is due to circumstances uiuque to his property not <br />created by the landowner." <br />The vegetation and wetland located at the entrance to the property are unique <br />circumstances. Should the Planning Commission determine that there is a <br />hardship: the wetlands should be delineated to confirm the magnitude of the <br />variance. <br />"The variance, if granted, will not alter the essential character of the locality." <br />Address monuments exist in other areas of the city and would not alter the <br />essential character of the locality. <br />*Econ:>mic considerations alone shall not constitu'.e an undue hardship if <br />reasonable use for the property exists under the terms of the Zoning Chapter." <br />Not applicable <br />"Undue hardship also includes, but is not limited to, inadequate access to direct <br />sunlight for solar energy systems. Variances shall ht gr;inted 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 />"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 eq>plicable
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