01-09-2017 Council Packet - Laserfiche WebLink

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Council Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM Minnesota State Statutes Section 452.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write N/A in the space provided: 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." Home: The existing home currently encroaches on the side setback. The new home will have less encroachment in the setback, less hard cover in the setback area, as well as less hard cover in the overall lot. The property owner will maintain the tree cover on the east (channel) side and build a home consistent with the area. Garage: The existing garage is currently within the side and rear setback. The applicant will build on the same foot print, increasing the floor elevation to meet Orono requirements (932 to 932.5 feet) and increase the height of the garage to accommodate an 8 foot door. This will increase the structure height within the non -conforming 30 ft rear setback and the 75 ft channel setback, however, the garage will still sit well below the road, tucked in the corner with fence and vegetation screening from the channel and road, and not visible from the neighbor's home. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." This property is unique in that there are setback requirements for Lake Minnetonka on the north as well as the Narrows Channel on the east. It was our goal to move the new home farther away from the channel than the existing home (not built by the applicants). By doing this we were able to reduce the structure footprint and volume within the 75 ft setback from the channel, as well as the hardcover within this area. The building plan was developed with these changes and the home was moved nearer the west lot line following the 10 foot setback regulation. Subsequently it was discovered that an extension of the 931.5 elevation is required for 15 feet from the house. Given the 10 foot setback on the west side of the house, 15 ft extends into the neighbor's lot. We are asking for a variance from the RECEIVED Nov 17 2016