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z: <br />MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 25, 1986 <br />#1022 SCHALL CONTINUED <br />James McKinnon stated that based on comments made at the <br />last meeting, he felt that Council was trying to balance <br />the equities between the desires of the applicants and <br />the impact to the neighbors. He stated that from a <br />legal standpoint, the Council has no legal right to <br />reach that argument until they first find that there is <br />an undue hardship with respect to the variance. Based <br />on his legal research under Minnesota law, an "undue <br />hardship" involves deprivation of the beneficial use on <br />one's property unless the variance were granted <br />(example: a need for a bedroom within a house with no <br />bedrooms at all). After the need is determined, then <br />they must determine whether that need can be <br />accomplished without a variance. He stated that, in <br />this case, he felt the need can be accomplished without <br />a variance by changing the existing second story to a <br />shed roof line which could accommodate 3 bedrooms and a <br />bath. <br />Mr. McKinnon noted that the City of Deephaven is <br />currently denying variances even if there is no <br />opposition from neighbors because their City Attorney <br />has advised them they do not have the legal authority to <br />grant variances unless they find an "undue hardship ". <br />He advised the Council to look at its legal requirements <br />and get an opinion from their City attorney before <br />consideration of balance of equities. <br />Mr. McKinnon noted that the proposed addition takes away <br />all of the Rudd's open space. <br />Councilmember Callahan asked if the applicant's are not <br />against the garage addition and if not, how high can a <br />garage be under the code. <br />Zoning Administrator Mabusth stated that code height <br />restrictions on a garage is 301. <br />Mr. McKinnon stated that the Rudd's are not against a <br />variance for the garage, however he felt that if a <br />variance should be granted for a garage it should be for <br />a normal garage height to maintain the intention of the <br />code. <br />Acting Mayor Adams stated that he felt the drafted <br />Resolution was a little soft on the hardship <br />documentation. <br />City Administrator Bernhardson stated that staff has not <br />revised the resolution since the last meeting because <br />they were expecting the applicants and their attorney to <br />come forward with legal research and information. <br />3 <br />