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MI3-29S9 <br />OcMbtr2t,2tl3 <br />rafi4«rs <br />Stiff finds that a hardship exists merely in the configuration of the applicant’s property <br />and the property to the east The applicant’s property is located on a point putting the <br />entire property in the average lakeshore setback. Also, the property to the east is very <br />large (17.5 acres) t%iih the home having over a 500* setback. <br />Staff also fiixls that a hardship exists for approval of the lot area variance This variance <br />is routine when properties are rebuilt This approval would be subject to the proposed <br />structure meeting all other setback and hardcover regulations. <br />Staff would make the following recommendations in regards to the criteria for “undue <br />hardship” pertinent to this application; <br />1. "The propertv in question cannot be put to a reasonable use i f used under <br />conditions allowed by the of^cial controls.* <br />A structure could not be built on this property' withoi^ the requested variances. <br />The lot is a legal lot of record and therefore the applicant should be able to build <br />on the lot. Also, a structure could not be built emyuhere on the lot without <br />approval of an average lakeshore setback <br />2. "The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner.* <br />The configuration of the property and the surrounding properties, and that the <br />property is located onapotn: creates unique hardship not created b\ the <br />landowner. <br />3. -The variance, if granted, will not alter the essential character of the locality * <br />A variance will not alter the essential character of the locality The applicant is <br />proposing a 3 season cabin fer summer use only which is the usual use on Big <br />Island. Also, the applicant is proposing the mirror the cabin that existed in the <br />1930 's falling within the character of Big Island <br />4. -Economic consideraUons alone shall not constitute an undue hardship if <br />hT **** ^ of the Zoning Chapter.* <br />5. -Undue hardship also includes, but is not limited to. inadequate access to direct <br />sunhghi for solar ciKrg> $>«ea«. VariarKOs shall bo granted for canh sheltered <br />conslnictton as defined m Mi.-_iesou Sianitcs. Section II6J 06 Subd. ■> when in <br />harmony with this Chapter.* <br />AiO/ applicable <br />S. -The Board of Appeals and Adjustments or the Council may not permit as a <br />A residential structure/cabin is permitted in the RS Zoning District.