11-17-2003 Planning Packet - Laserfiche WebLink

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niE«03-2950 Noir«‘^C«» 7 2003 P*9«5o«6 1. "The property in question carwot be pul to a reasonable use if used under conditions allov^ed b\ the ofTicial controls * This property can hi useJ unJer the official controls In the opinion of staff this criterion is not met. 2. ‘The plight of the landowner is due to circumstances unique to his property not created by the iando\%ner." The applicants did not contact the City to determine setback requirement nor did they apply for a building permit In the opinion of staff this criterion is not met 3. "The variaiKe. if granted, uill not alter the essential character of the locality.* The character of this neighborhood is that of openly spaced 2-acre lots Granting this variance will allow for a 23S0 s f sport court to be located 5 S ' from the side property line where a 30 ' setback is required for sport courts over 1000 s / 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." The applicants have not stated that economic considerations are a part of their hardship In the opinion of staff this criterion is met The fact that the in-place sport court Iwd a high price tag cannot be considered as a hardship 5. ‘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 I I6J.06. Subd. 2. when in harmony with this Chapter." Xot 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 aflected person's land is located ‘ Xot applicable. 7. "The Board or Council may permit as a variance the temporary use of a one*family dwelling as a two-family dwelling." Xot applicable 8. ‘The special conditions apply ing to the structure or land in question are peculiar to such property or immediately adjoining property." The conditions apply ing to the location of the sport court are completely dependant on the other features structures within the applicants 'property. This property cannot support a sport court of this size In the opinion of staff this criterion b not met.