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r <br />L <br />8. <br />Ha»-2936 <br />A«tMt It. 200J <br />PafctafS <br />Not applicable <br />"Undue hardship also includes, bul is not limited to, inadequate access to 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 \%ith 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 pennitted under this Chapter for property in the zone <br />where the affected person's land is located.” <br />The uses proposed are allowed mes in the l.R - IC district <br />"The Board or Council may permit as a variance the temporary use of a <br />one-family dwelling as a two-family dwelling." <br />Not applicable <br />"The special conditions applying to the structure or land in question are peculiar <br />to such property or immediately rdjoin»ng property." <br />Many of the prom'rtics along the lake in this genera ’ locality have long and <br />narrow conditions provuling hardships for lot area and lot width variances <br />However, because this is a rebuild there are not special conditions peculiar to <br />this property which might h ad to allowing the lakeside deck and/or possibly the <br />tltree car garage. The Planning Commission should discuss whether the lakeside <br />deck should be allowed because the property was purchased with the deck and the <br />current property owner isn 7 responsible for creating the non-conformity, and <br />also whether the limited area in the 250-500' zone provides special conditions <br />which could justi^> allow ing tnree car garage <br />"The conditions do not apply generally to other land or structures in the district in <br />which said land is located.” <br />The unique conditions resulting in lot area and lot width variances do not <br />generally apply to the entire LR - IC district but rather to a handful of the <br />surrounding neighborhood ’s lake shore lots <br />"The granting of the application is necessarv* for the preserx-ation and cnjo>-mcnl <br />of a substantial property right of the applicant." <br />Granting ofthe lot area and width variances is necessary for the preservation and <br />etyoyment ofa substantial property right of the applicant. These variatwes are <br />S. <br />___—