02-11-2019 Council Packet - Laserfiche WebLink

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LA18-000087 11/19/2018 Page 3 of 3 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has stated this to be true. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The applicant has stated this to be true. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant has stated this to be true. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds the request to be reasonable. While not a county road or state highway, Ferndale Road is a busy street that connects Orono to Wayzata’s downtown area. Our Code allows for a 6 foot fence in this location if the home was located on the major thoroughfare such as a county road or state highway. The shape of the lot is also unique compared to its neighbors in the shape and location of the principle structure sitting close to the right of way where separation could improve safety conditions for the property. Public Comments To date, no public comments have been received. Issues for Consideration 1. The Planning Commission should discussion the intent of the fence setbacks to determine if the proposed fence location is in harmony with the intent of the Ordinance. 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. If the Commission does not feel that the standards for variance have been adequately met, they could consider directing an amendment to the fence regulations. 4. Are there any other issues or concerns with this application? Planning Staff Recommendation The Planning Commission should discuss the proposed questions provided by staff. If the Planning Commission supports the proposed findings a MOTION to recommend approval is supported. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Site Plan Exhibit D. Site Photos Exhibit E. Property Owners List and Map