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t0}-?93!> <br />A119M1 14 7003 <br />*>•••4015 <br />by Ihe Zoning Ordinance. With ihc addition in 2000 the af>plican(s were required to <br />remove hardcover to remain writhin the allowed 25% in Ihc 75’*250’ zone. City stafT <br />required 808 s.f. lo be removed in order to remain writhin the ap|>roved levels as part of <br />Ihe building permit application. Upon final inspection for the addition project staff noted <br />that Ihc hardMver required to be removed had been pul hack in The applicants put the <br />driveway hardcover back as a result of flooding writhin their home and garage. <br />During an August 12,2003 meeting with the City Engineer. Tom Kellogg, options were <br />discussed with Ihc applicant regarding alternatives to {laving for drainage control. <br />Kellogg’s letter is attached as Exhibit If. It was determined that construction of a <br />vegetative swale would better convey the drainage from the drivew’ay to the rear of the <br />home than Ihc existing hardcover <br />Staff would make the following recommendations in regards lo Ihc cnicria for “undue <br />hardship” pertinent to this application: <br />I."Ihc property in question cannot he put to a rCii.sonahlc use if used under <br />conditions allowed by the ofTicial controls." <br />tn the opinion of staff this entenon is not met <br />"The plight of the landowner is due to circumstances unique to his property not <br />creat^ by the landowner." <br />/n the opinion of staff this criterion is not met <br />3. <br />4. <br />"The variance, if granted, will not alter the essential character of Ihc ItK'ality." <br />hi the opinion of staff this criterion is met <br />"EcoiKNnic considerations alone shall not constitute on undue liardship if <br />reasonable use for the property exists under the terms of the Zoning Chapter.” <br />The appUcants have not indicate J ecoruimic reasons for their request <br />"Undue hardship also includes, but is not limited to. inadequate access lo direct <br />sunlight for solar energy systems Variances shall be granted for earth sheltered <br />construction as defined in Minnesota Statutes, Section I I6J.06. Subd. 2, when in <br />harmony writh this Chapter.” <br />N/A <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 />N/A <br />7. TheBoardorCouncilmay permit as a variance the lempoiary use ofa <br />one-family dwelling as a two-family dwelling.” <br />N/A <br />] <br />J