08-25-1997 Council Packet - Laserfiche WebLink

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Criteria for Determining Undue Hardship 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The variance is for a deck. The residence can continue to be used as a residence without a deck. However, the proposed location is off of the kitchen area and would possibly have a view of Lake Minnetonka. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing kitchen was constructed at 30' fix>m Lydiard Avenue instead of the required 35'. A deck that met the rear and side yard setbacks could only be constructed behind the residence or in the side yard next to the garage. 3. The variar,ce, if granted, will not alter the essential character of the locality. The purpose of a 35' side yard adjacent to a street is to maintain the same setback as the front yards along Lydiard Avenue. (See survey of adjacent property.) 4. 5. 6. 7. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of tliis chapter. Economic factors are not a consideration with this application. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Solar access is not a consideration. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. Decks are permitted in residential districts. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Not applicable. 9^2255 Rick and Deborah Rice 2700 Kelly Avenue 7/21/97 Page 2