10-20-2003 Planning Packet - Laserfiche WebLink

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FILE* 03 7953 OcloMrTO 2003 PagaSoie of a re-build 3. ‘The variance, if granted, uill not alter the essential character of the locality.” The existing home currently encroaches further into the side set hat k jurther In the (pinion of staff this criterion is met 4. ‘Economic consideration.s alone shall not constitute an undue hardship if reasonable use for the property exists uiKler the terms of the Zoning Chapter.” The apfdicaras have not indicated economic considerations as their hardship In the opinion of staff this criterion is met. 5. "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 consmiction as defined in Minnesota Statutes. Section I I6J.06. Subd. 2. uh*?n in harmony uith this Chapter." i\ot applicable 6. ‘The Board o'* \ppeals and .Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for pn>peny m the zone where the affected person's land is located * Sot applicable 7. ‘The Board or CourKil may permit as a variance the temfHirary use of a one-family dwelling as a two-family dwelling" Sot applicable 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property ." In the opinion of staff this criterion is not met 9. ‘ I he conditions do iwt apply generally to other land or structures in the district in which said land is located.” In the opinion of staff this criterion is not met. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” In the opinion of staff this criterion is not met 1 1 . * I'he granting of the proposed variance will not in any way impair health, safely, comfort, morals, or in anv other respect be contrarv to the intent of the Zoning Code." In the opinion of staff this criterion is met 12. "The granting of such variance will not merely serv e as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difTiculty." In the opinion of staff this criterion is not met J