08-18-2003 Planning Packet - Laserfiche WebLink

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mytm j«M ii.2et3 PiftJ Hardship Stateaieat Applicants have provided a brief hardship statement in Exhibit A, and should be asked for their additional testimony regarding the application. Hardship Anal)sb Im eomsUerlmt •ppliewtUms for rarlmmee, the Piuming CommbsUm »hmtl comUer the effect of the propneJi MHemce upon the hemith, utfe^ and negate of the eomnumltx, exhting and anticipated traffic condMoni, light and air, danger of fire, risk to the public safefy, and the effect on values of property In the surrounding area. The Planning Commbston shall consider recommending approval for variances from the literal provisions of the Zoning Code In Instances where their strict enforcement would cause undue hardship because ofeircum t tanees unique to the individual property under consideration, and shall recommend approval only when It is demonstrated that such actions will be In keeping with the spirit and intent of the Orono Zoning Code. Staff \\t>uld make the following recommendations in regards to the criteria for "undue hardship" pertinent to this application: 1.*‘The property in question cannot be put to a reasonable use if used under conditions allowed by the ofTicial controls.” The property as it exists is being put to a reasonable use. “The plight of the landowner is due to circumstances unique to his property not created by the landowner." The plight of the landowner in regard to the average setback encroachments Is a result of the locations of adjoining homes, which applicant cannot control. In regards to the lot coverage excesses and setback for garage, these arc a direct result of ouver's desire for more home and space. “The variance, if granted, will not alter the essential character of the locality.” The garage addition extending forward of the home may be somewhat out of character with the neughborhood: the deck and porch additions will not alter the character of ihe neighborlKtod. “Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." Economics hose not been discussed by applicant as a factor. “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 116J.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 variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located.” Not applicable.