CCP 08-25-2003 - Laserfiche WebLink

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~ J .~- . . . " ., () ) of the lakeshore setback on the northwest comer at the rear of the house; however, this would mean that any expansion space would have to be accessed via a bedroom. Health concerns have prompted the applicant to attempt to consolidate activities onto the main floor of the house. The applicant is working with architects to redesign some of the interior spaces in the home to allow for most of these activities to be located on the main floor. Among other things the kitchen is being redesigned and the applicant is attempting 10 move the washer and dryer to the main level as well. As stipulated in the Shoreland Management Standards (Ordinance 334), a copy of this application has been fOIwarded to the Commissioner of Natural Resources. While the Commissioner has not provided any feedback at this point, the applicant did have the Rice Creek Watershed District and an Administrator from the Department of Natural Resources review the proposal and they both did not indicate any problems with the proposal, Should the variance request be granted, staff would recommend a condition of approval stipulating that the applicant shall obtain written approval from the Commissioner of Natural Resources (and the applicant shall provide the City with a copy) prior to the issuance of a building permit. Variance Criteria A, State Requirements Minnesota State Statue in Chapter 462.357, Subdivision 6, (2), defines "undue hardship" as: "...means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstance unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use of the property exists under the terms of the ordinance..." B. City Requirements Section VIII, D, 4, c and d, of the City's Zoning Ordinance state that, "Adherence to the provisions of this ordinance is required, except for special cases which arise because of the configuration of a particular parcel. The condition shall not have been created by the landowner. A variance or variances may be granted from specific provisions of this ordinance because such land factors as length of a side of a lot, the shape of the lot or the unusual terrain prohibit reasonable development equivalent to that which would be permitted without variance on a similar size lot located in the same district, but which lot has no unusual configuration. Economic conditions alone shall not be grounds for a variance. In no case shall the granting of a variance impair the health, safety, comfort and general welfare of the public, nor will it be contrary to the intent and purpose of the Comprehensive Plan, the official map or this or any other ordinance of the City." PC #03.19 ~ PC Report 08106103 - Page 3 of6