04-15-2019 Planning Commission Packet

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PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA19-000024 1.The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response:This home was built in 1927.The footprint and existing lakeside patio is mostly located within the 0-75'setback zone. Currently,the existing lakeside patio has a Well Room located under grade and approximately 1/3 of the patio which has a faulty cap/lid and is leaking water.The patio will need to be removed to allow access to the faulty lid in order to correctly apply a waterproof membrane.The proposed new patio will generally be in the same location except and is slightly altered to allow a means of egress to the 2 new permitted patio doors. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response:The existing home built in 1927 had a Well Room located at the SW corner of the house and is 2'under grade and the existing 1/3 of the patio.The concrete cap of this well room is not properly waterproofed and is leaking water into the home.The homeowners wish to remove the existing patio in order for Streeter and Associates to waterproof the existing Well Room cap,provide a means of egress to the 2 new permitted patio doors while staying within the 3203 SF of hardcover approved in the 2005 variance. Also,there was an error on the survey from 2002 which calculated the property area within the 0-75'zone using the shoreline elevation of 927.43 instead of the OHWL of 929.40.This error caused the hardcover to be calculated at 10.79%.The correct hardcover amount using the OHWL of 929.40 was much higher in the revised 2019 survey.See existing Hardcover calculation worksheet. 3.The variance,if granted,will not alter the essential character of the locality. Response:The new proposed patio is generally the same footprint as the existing except it allow a means of egress to the 2 new permitted patio doors. 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 116106,Subd. 2,when in harmony with this Chapter. Response:The practical difficulty in this circumstance is that the current concrete cap which is 2'under grade and 1/3 of the existing patio is leaking water into the mechanical room of the home.The current patio will need to be removed in order to gain access to the cap and correctly waterproof it. Pictures of the water intrusion can be forwarded upon request.Also,a means of egress from the 2 new permitted patio doors will need to be established. The proposed new patio will allow Streeter and Associates to remedy the water intrusion as well as provide a means of egress from the 2 new doors while still complying with the max. 3203 SF of hardcover from the 2005 variance. 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: N/A 9.The conditions do not apply generally to other land or structures in the district in which said land is located. Response: N/A 10.The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response:The proposed new patio is very similar in size and shape of the existing patio except it provides a means of egress from the 2 new patio doors 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:The proposed new patio will not impair any of the fore-mentioned concerns regarding health,safety,comfort,etc. It will actually provide a safe means of egress from the 2 new doors as well as remedy a water intrusion issue 12.The granting of such variance will not merely serve as a convenience to the applicant,but is necessary to alleviate demonstrable difficulty. .esponse:The granting of this variance will allow a water intrusion issue to be resolved as well as serving as a means of egress from the 2 new permitted doors.