06-22-1998 Council Packet - Laserfiche WebLink

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r 5. 7. 8. 9. Economic factors arc 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. 6. 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. The existing use of the property as a single family residence is permitted by the zoning code. The proposed three season porch addition to the residence will not alter the use of the property. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Not applicable. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining prope;ty. The residence was constructed 55 feet from the front lot line, prior to current zoning code requirements . The zoning district requirements have been changed to require a 100 foot setback. The requirements have created a previously conforming situation into a legal non-conforming structure. The revised zoning has made it impossible for the property owner to improve the residence without a variance. The conditions do not apply generally to other land or stRictures in the district in which said land is located. Most properties in the area conform to zoning district setback requirements. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Due to the location of the existing residence within the required front setback, any addition to tne residence would require a variance. Deborah Shall 4100 WatertoMn Road Variance June 15. 1993 Page 3 1 ' 7