08-18-2003 Planning Packet - Laserfiche WebLink

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8. MJ-293J Augnti II. 2003 fage I of 9 Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy s>-stcms. 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." Not applicable The Board of Appeals and Adjustments or the Council may not permit as a vanance any use that is not permitted under this Chapter for property in the /one where the affected person's land is located.* The taes proposed are allowed tises in the LR~ IB zoning district “The Board or Council may permit as a variance the temporary use of a one-family dwelling as a twx>-family dwelling." Not applicable “The special conditions applying to the structure or land in question arc peculiar to such property or immediately adjoining property." The circumstance which requires a separate water meter is peculiar to the property. The design of the utilitUs would require the house to be torn down to maintain one meter. There are not special conditions applying to the land nr structures that are I^culiar to such property or immediately joining property’ AH lots on Old Beach Road are large lots which accommodate large homes There has to be a hardcover limit at some point or another. •^ conditions do not apply generally to other land or structures in the disuict in Winch said land is located." The water meter variance is unique in and of itself All of the lots on Old Beach Rondure reasonably sized to accommodate reasonable amounts of hardcover gnuiting of the application is necessary for the prescr\'ation and enjoyment o! a substantial property right of the applicant." The Ordinance allows pliunbing in accessory buildings and non-rental apartments and therefore the applicants should be able to utilize these uses The variance for the separate water meter is necessary for the applicants to use their property’ in a manner allowed by ordinance. t