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#03-2955 October 20, 2003 Page 4 of5 Staff finds that a hardship exists merely in the configuration of the applicant's property and the property to the east. The applicant's property is located on a point putting the entire property in the average lakeshore setback. Also, the property to the east is very large (17.5 acres) with the home having over a 500' setback. Staff also finds that a hardship exists for approval of the lot area variance. This variance is routine when properties are rebuilt. This approval would be subject to the proposed structure meeting all other setback and hardcover regulations. Staff would make the following recommendations in regards to the criteria for "undue hardship" pertinent to this application: 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." A structure could not be built on this property without the requested variances. The lot is a legal lot of record and therefore the applicant should be able to build on the lot. Also, a structure could not be built anywhere on the lot without approval of an average lakeshore setback. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The configuration of the property and the surrounding properties, and that the property is located on a point creates unique hardship not created by the landowner. 3. "The variance, if granted, will not alter the essential character of the locality." A variance will not alter the essential character of the locality. The applicant is proposing a 3-season cabin for summer use only which is the usual use on Big Island. Also, the applicant is proposing the mirror the cabin that existed in the 1930 's falling within the character of Big Island. 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." Not applicable 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 116J.06, Subd. 2, when in harmony with this Chapter." Not 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 affected person's land is located." A residential structure/cabin is permitted in the RS Zoning District.