03-18-2019 Planning Commission Packet

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PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA19-000010 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The homeowner requests the rebuilding of an existing dilapidated detached garage. The existing garage is located within the allowed side yard setback at a distance of 2.5? from the property line, per zoning code the existing side yard setback is 10?-0?. The existing garage has a footprint of 440.36 s.f. (20.2? x 21.8?). The proposed garage has a footprint of 744 s.f. (31? x 24?). The back wall (SE) of the proposed garage would align with existing garage, thus located 2.5? from the property line. In addition to the request for side yard setback, the applicant is seeking a CUP to locate a shower in the studio space of the detached garage. The primary structure on the site is a charming 900 s.f. cottage built in 1900. The homeowners wish to maintain the charm and scale of the original cottage, and thus rather than add onto the cottage they propose to add much needed ancillary space above the garage. In addition to parking for two cars and modest storage, the proposed detached garage has conditioned space above the parking to allow for additional flexible space for the family to use as home office and exercise spaces. The primary structure has only one full bathroom, the additional full baths provide extra room for the family to clean up after a day on the lake. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: Due to the topography of the site and original cottage siting, a detached garage is sensible. The parcel contains a pond in the front yard, rendering the front half of the lot unbuildable. An ingress and egress easement with adjacent neighbor prohibit building on a good portion of the lot. This easement was agreed upon by the former property owner and is maintained with proposed garage location. The proposed garage location provides additional driveway beyond the easement boundary, necessary to maintain statutes of travel easement. Additionally, the location of the proposed garage maintains connectivity to front of lot and does not block the view of the quaint lake cottage. 3. The variance, if granted,will not alter the essential character of the locality. Response: If granted the variance will enhance the character of the locality. The proposed garage complements the cottage, but does not outshine it. The garage location does not block the view of the cottage and replaces a derelict garage that is unsafe and an eyesore. The footprint of the garage is purposefully compact at 744 s.f., as to not overscale the primary cottage structure. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: The homeowners are committed to maintaining the original turn of the century cottage, a housing stock that is often sacrificed due to high lake property values. The homeowner chooses to invest in the integrity of the property rather than tear down the cottage and build new. 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116].06, Subd. 2, when in harmony with this Chapter. Response: The practical difficulties of the site are the topography, the travel easement, the front yard pond, and the desire to maintain primary cottage. The proposed garage location occupies the location of the existing garage and provides much needed additional space for parking cars, storage, and secondary conditioned space. 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 property in the zone where the affected person's land is located. Response: All proposed uses are allowed under the LR-1B One Family Lakeshore Residential zone in which the property is located.