10-20-2003 Planning Packet - Laserfiche WebLink

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1. mym* Octokw2t.2ttS raft4*rs The property in questicm cannot be put to a reasonable use if used under conditions allo>%ed by the official controls.” The property can continue to be used in its current manner which consists of an B square foot patio The appliccmts have the means to construct an additional 17/ square feet without a variance. Constructing a patio u hich constitutes excess hardcover is not reasonable. The plight of the landouner is due to circumstances unique to his property not creat^ by the landov^ner.” The circumstance which limits the amount of additional patio to 171 square feet instead of l.WO square feet is a situation the landowner created when the 2.9-40 square/^t addition was constructed in 2002. not a circumstance unique to the property The property is 3.94 acres in a Vi zone. "The variance, if granted, will not alter the essential character of the locality." The eqtplicants' lot is substantially larger than the other lots located on Concordia Street Because of this, it is very easy for the applicant to meet hardcover requirements Should a variance be granted for hardcover on this lot the character of the neighborhood could be altered "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property e.xists under the terms of the Zoning Chapter." Sot applicable "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 1 16J.06, Subd. 2. when in harmony with this Chapter.” Sot applicable "The Board of Appeals and Adjustments or the Council may not permit as a stance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located.” The proposed use is permitted in the LR - IC zoning district "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Sol applicable "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." Staff does not find any special conditions applying to the structure or land in ’ question that would justify variance approval. 9. “The conditions do not apply generally to other land or structures in the district in 8.