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Criteria for Determining Undue Hardship <br />1. The property in question cannot be put to a reasonable use if used under conditions <br />allowed by the official controls. <br />The variance is for a deck. The residence can continue to be used as a residence without a <br />deck. However, the proposed location is off of the kitchen area and would possibly have a <br />view of Lake Minnetonka. <br />2. The plight of the landowner is due to circumstances unique to his property not created by the <br />landowner. <br />The existing kitchen was constructed at 30' from Lydiard Avenue instead of the required 35'. <br />A deck that met the rear and side yard setbacks could only be constructed behind the <br />residence or in the side yard next to the garage. <br />3. The variance, if granted, will not alter the essential character of the locality. <br />The purpose of a 35' side yard adjacent to a street is to maintain the same setback as the fix)nt <br />yards along Lydiard Avenue. (See survey of adjacent property.) <br />4. Economic considerations alone shall not constitute an undue hardship if reasonable use for <br />the property exists under the terms of this chapter. <br />Economic factors are not a consideration with this application. <br />5. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight <br />for solar energy systems. <br />Solar access is not a consideration. <br />6. The Board of Appeals and Adjustments or the Council may not permit as a variance for any <br />use that is not permitted under this Chapter for the property in the zone where the affected <br />person's land is located. <br />Decks are permitted in residential districts. <br />7. The Board or Council may permit as a variance the temporaty use of a one-family dwelling <br />as a two-family dwelling. <br />Not applicable. <br />U225S Rick and Deborah Rice <br />2700 Kelly /Ivenue <br />7/21/97 <br />Page 3