06-17-2019 Planning Commission Packet

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Letter View LA19-000038 Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION PC LA19-000038 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Yes. I have an odd shaped lot and the setbacks have increased post original build. Currently the water setback and road setback both converge on the existing home. I am wanting to build an attached garage with 2nd level living space. The build will make this property more aesthetic and livable. The new construction is also all planned on the existing asfault driveway. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: Yes. With increased setbacks to the property a variance is needed, the purposed location of the addition is the best and only solution. 3. The variance, if granted, will not alter the essential character of the locality. Response: No. This is a small single family home and will remain one of the smallest homes in the area after the addition. The build will help it fit into the locality better. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: This is not a economic solution, this is a practical consideration. 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 1167.06, Subd. 2, when in harmony with this Chapter. Response: Due to the size and shape of lot with setbacks there is no solution that does not include a 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: This is a single family home without a usable garage. The addition will add a garage and bedrooms to make it livable for a family. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: This property will remain a single family home at all times. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: This variance is simply because there is no space on the property that does not impact the 75' rear and 50' front setbacks to add an attached garage. 9. The conditions do not apply generally to other land or structures in the district in which sail land is located. file:///or-mail/...091%20thru/LA19-000038%20(140%20Leaf%20St)%20Variance/Practical%20Difficulties%20Documentation%20Form.htm[6/13/2019 1:26:38 PM]