10-20-2003 Planning Packet - Laserfiche WebLink

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M2-2a5l - 2*59 Ca«c« Poial Road October 17.2003 Page4 Staff uould make the following recommendations in regards to the criteria for "undue hardship" perlineni to this application: 1. “The property in question cannot be put to a reasonable use if used under conditions allow ed by the official controls.*’ The property can he used reasonably if the variances are denied. 2. “The plight of the landow ner is due to circumstances unique to his property not created by the landow ner.” The only unique circumstance is that a nonconforming deck was replaced without the proper prior appros-als 3. “The variance, if granted, w ill not alter the essential character of the locality." The xariance Hill have little impact on the charM ur of the liKality. but will not he in keeping with City goals for lakeshore properties 4. “Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." n7ii7i' economics have not been cited by applicant as a hardship, applicant has expressed to staff his frustration nith the approval process costing more than the project itself 5. “Undue hardship also includes, but is not limited to. inadequate access to direct sunlight :br solar energy s>stems. N'anances shall be granted for earth sheltered construction as defined in Minnesota Statutes. Section 116J.06. Subd. 2. when in harmony w ith 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 rone where the affected person’s land is located." Sot applicable 7. “The Board or Council may permit as a v ariance the temporary use of a one-family dw elling 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." Ths zoning cthle limiting the use of lakeshore property applies to neighboring properties. 9. “The conditions do not apply generally to other land or structures in the district in w hich said land is located." The zoning code limitations apply to all properties within the Shoreland Oxvrlay District. 10. “The granting of the application is necessary for the preservauon and enjoyment of a substantial property right of the applicant." The property owTter does not have an inherent right to replace in kind a nonconforming structure when it has reached the end of its useful life.