06-20-2011 Planning Commission Packet

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I • ♦ � . HARDSHIP DOCUMENTATION FORM 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar ene�gy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 11 fiJ.06, Subd. 2, when in harmony with this Chapter." — N/q _ � 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." The property is zoned residential and will be used for no other purpose than a modest single family home. . 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelfing." N/A 8.. `The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." � The condition that is peculiar to our home is the zoning anomafy caused by the previous subdivision of the lot which reduced the divided lot size to R-1B zoning but maintained the RR- __ 1B zone designation and associated setbacks. _ __ 9. `The conditions do not apply generally to other land or structures in�the district in which said land is located." ..� There may be other land or structures that the same situation as ours exists for which a variance has been granted or for which the possibility exists but a variance has not yet been or may never be sought. � .. - -- 10. °The granting of the applicafion is necessary for the preservation and enjoyment of a substantial property right of the applicant." Our enjoyment in part will come from our abilityto enhance our home and lot whife maintaini�g a balance between the home size and lot size to preserve the surroundings and the �natural setting. � 11. 'The granting of the proposed variance will not in any way impair health, safety, comfort, morafs, or in any other respect be contrary to the intent of the Zoning Code." . Because we are proposing onfy traditionaf construction techniques, materials and associated • activities that will be confined to our property we believe with an updated home and lot the granting of the variance will have followed the intent of the Zoning Code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary fo alleviate demonstrable hardship or difficulty." The hardship is related to the reduced lot size along with additional restrictions within the confines of its boundaries,the abandoned septic system,the new farger septic system,the well � location in (eague with the setback mandates limit expansion and enhancement opportunities. . � .;