10-20-2003 Planning Packet - Laserfiche WebLink

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m-im Octobtr 2t. 2«S ract4«rs 8. 11. ‘Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the tenns of the Zoning Chapter" Sol applicable "Undue hardship also includes, but is not limited to. inadequate access to direct sunlight for. .ar 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." Sot 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." The proposed use is an allow ed use it Hhin the RR- IB Zotung District "The Board or Council may permit as a variance the temporars- use of a one-family dwelling as a two-family dwelling " Sot applicable -The special conditions applying to the structure or land in question arc peculiar to such property or immediately adjoining property." The circumstances of the back lot designation and the to;yographv not affecting adjacent homes' views are special conditions applying to the land -The conditions do not apply generally to other land or structures in the district in which said land is located." These conditions are unique to this property and do not apply generally to land located in the RR - IB Zoning District The granting of the application is necessorv' for the preserv ation and enjoyment of a substantial property right of the applicant" ’ ^granlmg of this appUcaiwn is necossaryfot ihe appileam's right to he ohU to buMa Itome an this lot II Moot an merage lakrshore setback variance a house could not he constructed meeting the lot setback requirements •The graining of ihe proposed variance nill not in any nay impair healUi. safety, effort, morals, or in any other respect be contrary to the intent of the Zoning ‘ •The gnntmg of such variance uiM not merely serve as a convenience to Ihe ' applicant, but is necessary to alleviate demonstrable hardship or diflicullv •