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1/24/2019 View File <br /> PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br /> LA19-000004 <br /> 1.The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. <br /> Response:The property owner desires to construct a new residence with a structural footprint of 1,521 square feet,below the 2,000 square foot <br /> allowance and smaller than the adjacent footprints. Overall,it conforms to the neighborhood and balances the unique challenges of Crystal Bay Rd. <br /> 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. <br /> Response:The lot along with the majority of residences on Crystal Bay Rd don't meet the City's minimum lot area and lot width requirements. <br /> Additionally,the grade of the property was modified significantly in the past and presents a challenge in height restrictions and rear yard livability. Bringing <br /> the grade closer to its natural state will significantly improve its fit with adjacent properties and provide a more realistic view for which to view house height <br /> (flat lot vs graded lot)and the rear access(which both neighboring and most properties enjoy today). <br /> 3.The variance,if granted,will not alter the essential character of the locality. <br /> Response: Most of the homes in the immediate area require a significant level of variance.The two lots on either side of the subject property would <br /> require the same number of variances if built today and the most recent was built in 2003.The new home as proposed would require less footprint and <br /> hardcover than either of the adjacent properties and remove the most extreme violation of existing structure in the removal of an existing garage that <br /> encroaches significantly on the rear setback.Overall,the home appears to be consistent in scale with the adjacent homes and in 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: NA <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 116].06,Subd.2,when in harmony with this Chapter. <br /> Response: NA <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: NA <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: NA <br /> 8.The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. <br /> Response: NA <br /> 9.The conditions do not apply generally to other land or structures in the district in which said land is located. <br /> Response:This is mostly accurate,with the exception of the adjacent properties and prior grading of the lot. <br /> 10.The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. <br /> Response:The owner is granted a 2,000 square foot structural footprint,but is proposing a 1,521 square foot footprint with an overall build in <br /> conformance with adjacent properties and the characteristics of the neighborhood.The structural placement would keep intact the average lakeshore <br /> setback to alleviate concerns with the large adjacent properties and minimize hardcover impact from a driveway,which will include an apron to further <br /> reduce hardcover. <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: NA <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:The unique characteristics of the lot are typical for those on Crystal Bay Rd and create a number of challenges in meeting regulations while <br /> building a residence that conforms to the neighborhood.The proposal will result in a structure that fits well in the area,starts to restore the natural grading <br /> of the lot, removes the largest existing non-conforming structures,and blends into the front(structural)and rear(grading)characteristics of the adjacent <br /> properties,all while minimizing hardcover. <br /> https://www.citizenserve.com/Admin/PermitController?Action=ListPermits&WorkOrder_ID=78837320&ciDisplay=null&getPrint=true 1/1 <br />