08-18-2003 Planning Packet - Laserfiche WebLink

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MU-2917 Avgmt II. 2003 rafcSof? or a O-TS* zone hardcover variance. The applicant has submitted plans that show a rebuild and consistently stafTand Planning Commission have required full removals in the 0-75’ zone. The area of structure in the 0-75’ /one amounts to 325 s.f. in relation to the 2,734.425 s.f. house that is being proposed. Removal of structure in the 0-75’ zone would only amount to 11 .8Ve of the entire proposed home. The applicant has additional area outside the 75’ setback zone to compensate for this lost structure. Therefore, staff doesn't find any hardships which would constitute approval of the creek setback or hardcover variance in the 0-75’ zone. Staff finds that due to the limited buildable area outside the 75’ creek setback, a hardship exists which is inherent to the property. The property consists of 12.000 s.f. in the 0-75’ zone and only 6,580 s.f. in the 75-250 ’ zone (refer to Exhibits G and H). StafT would make the following recommendations in regards to the criteria for “undue hardship ” pertinent to this application; 1. 4. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls.” If the property owner wanted to rebuild, any reasonable sired home would require several variance approvals due to the limited buildable area The plight of the landowner is due to circumstances unique to his property not created by the landowner." The creek adjacent to the ap;'!icant ‘s property is a circumstance that is unique to the property and not a condition created by the landowner. “Tlic variance, if granted, will not alter the essential cluiractcr of the locality." Many of the homes on Crestview Avenue rr-e smaller homes on smaller lots, yar lances allowing less restrictive setbacLs will not alter the character of the locality. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." Hot 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." Hot qjplicable