10-20-2003 Planning Packet - Laserfiche WebLink

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FtCE«03-2«S3 Ocl0Mf9 2003 Pag«5oK6 5. "Undue hardship also includes, but is not limited to. inadequate access to direct sunli^t for solar energ>' s>'stems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06. Subd. 2. when in harmony with this Chapter.* Sot applicable. 6. “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." Sol explicable. 7. "The Board or Council may permit as a variance the temporary use of a one«family dwelling as a two-family dwelling." Sol applicable. 8. "The special conditions applying to the structure or land in question arc peculiar to such property or immediately adjoining property." 7fi the opinion of staff this criterion is not met 9. "The conditions do not 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 preserv ation and enjoyment of a substantial property right of the applicant." In the opinion of staff this criterion is not met 11. "The granting of the proposed variance will not in any way impair health, safely, comfort, morals, or in any other respect be contrary 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 serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." In the opinion of staff this criterion is not met Issues for Consideration 1. Docs the fact that the immediately adjacent neighboring homes are each located approximately 75* or more from the proposed residence justify the reduction in side yard setback for this application? 2. Are Aere any other issues or concerns with this application? ^ Staff Rceonnicndaiion Planning Department staff recommends the follow ing: 1. Approval of the lot area and lot width variances in order to construct a new restdence