04-15-2019 Planning Commission Packet

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PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA19-000021 1.The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response:The property is located on the shores of lake Minnetonka.The existing home was built by a previous owner with a rear yard variance.Approved by the city to protect the bluff line. The Current owners wish to add a small master bath addition on the north end of the house.The addition would be 270 ft2,and designed to respect the 10ft side yard set back and the bluff line set back as illustrated on the survey dated 3/11/19. We are asking for a variance on the back side of the lot.The variance would allow the structure to be 22.3 ft off the rear yard lot line.This is 12?less than the variance requested for the original house. No other variances are required. Note the survey includes Hardcover calculation, required bluff line and side yard setbacks. We have also attached working drawings illustrating how the addition will neatly integrate to the existing home.The exterior finish materials (siding, roofing,trims,will match the existing house as well as possible. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response:Yes.The house was closer to the property line than setback rules allow when we bought it. 3.The variance,if granted,will not alter the essential character of the locality. Response: Correct.The addition will blend in with the existing house and won't significantly change the look from either the road,the neighbor's property, or the lake. 4.Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: N/A 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 1163.06,Subd.2,when in harmony with this Chapter. Response:The home owners wish to remain in the home for the duration and understand to do that they will need a bath on the main level that is fully accessible.The home presently has one small bath with a tub on the main level,which services guests and a second bedroom.The bath is too small to meet their future needs.The home is quite small and there is no practical way to add the bath into the existing envelope. There is no other area of the house that would provide the privacy and the minimal site impact. 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: N/A 7.The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: N/A 8.The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: Correct. 9.The conditions do not apply generally to other land or structures in the district in which said land is located. Response: Correct. 10.The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response:Correct. 11.The granting of the proposed variance will not in any way impair health,safety,comfort,morals,or in any other respect be contrary to the intent of the Zoning Code. Response: Correct 12.The granting of such variance will not merely serve as a convenience to the applicant,but is necessary to alleviate demonstrable difficulty. Response: Correct.