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1/17/2019 View File <br /> PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br /> LA18-000099 <br /> 1.The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. <br /> Response:Yes the property owner proposes to make changes to the backyard landscape as well as add an addition to the house which are both allowable <br /> and permittable construction activities.The homeowners?goal is to create a better,more useable outdoor living space as well as create a larger interior <br /> space so they can have great living spaces for family and friends. <br /> 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. <br /> Response:Yes,the homeowners?ability to expanded and improve their landscape and home is restricted due to the Average Lakeshore Setback.In this <br /> particular case the Average Lakeshore Setback is determined by the two neighboring properties on each side of the Riemenschneider Residence.The two <br /> neighboring houses are setback from the Forest Lake Channel more than the Riemenschneider?s house and as a result the setback line will not allow for <br /> new or additional construction in the backyard. Furthermore,there is no ability to build or expand toward the road(Forest Arms Lane)because the <br /> Riemenschneider house already sits within several feet of the front-yard setback. <br /> 3.The variance,if granted,will not alter the essential character of the locality. <br /> Response:Correct,the proposed home addition and landscape improvements are specifically designed to fit into the existing house style and in general fit <br /> the local architectural and landscape style of the neighborhood. <br /> 4.Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the <br /> Zoning Chapter. <br /> Response: N/A <br /> 5.Practical difficulties include,but are not limited to,inadequate access to direct sunlight for solar energy systems.Variances shall be <br /> granted for earth sheltered construction as defined in Minnesota Statutes,Section 1163.06,Subd. 2,when in harmony with this Chapter. <br /> Response:N/A <br /> 6.The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for <br /> property in the zone where the affected person's land is located. <br /> Response: N/A the property is in compliance and zoned LR-1B. <br /> 7.The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. <br /> Response: N/A <br /> 8.The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. <br /> Response:Yes, because the neighboring houses are located farther away from the Forest Lake Channel this results in the Average Lakeshore Setback line <br /> running through the Riemenschneider property where their house is located rendering the backyard impossible to build on or improve upon without a <br /> request for a variance.Also,the character and shape of the Forest Lake Channel causes the neighboring homes to be rotated at angles,so they face <br /> directly to the water. Furthermore,due to the curve of the channel and topography,the Average Lakeshore Setback is located far into the property because <br /> the houses are also placed in flat locations on the lot and in a skewed layout in relation to the waters edge. <br /> 9.The conditions do not apply generally to other land or structures in the district in which said land is located. <br /> Response:Correct,the conditions of this property are unique due to the water channel,topography along the channel and the skewed layout of the <br /> neighboring houses.We do not feel that our proposed improvements will hinder or adversely affect any neighbor,surrounding properties or part of the local <br /> community. <br /> 10.The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. <br /> Response:Yes,we feel that granting this variance request will allow for further enjoyment and intended use of the backyard space as well as the interior <br /> of the house.Granting the variance provides the best opportunity for the interior spaces and exterior spaces to improve the architectural appeal of the <br /> home and become more enjoyable for the home owners. <br /> 11.The granting of the proposed variance will not in any way impair health,safety,comfort,morals,or in any other respect be contrary <br /> to the intent of the Zoning Code. <br /> Response:Correct,our variance request will in no way adversely or negatively impact anyone in any manner. <br /> 12.The granting of such variance will not merely serve as a convenience to the applicant,but is necessary to alleviate demonstrable <br /> difficulty. <br /> Response:Yes,granting this variance request will allow for great indoor and outdoor spaces to be created and as a result,friends and family will have a <br /> better space to live in.Additionally,granting the variance request will allow the house to be improved upon and gain more value which in turn improves the <br /> neighborhood and overall property value. <br /> https://vwvw.citizenserve.com/Admin/PermitController?Action=ListPermits&WorkOrder_ID=78888284&ciDisplay=null&getPrint=true 1/1 <br />