06-17-2019 Planning Commission Packet

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PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA19-000043 1.The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Yes. We are proposing on adding a single stall garage attached to the existing garage/home.The garage would be used for the purpose of automobile and yard supply storage. In building this garage,we are removing a portion of an existing deck and staircase to the back yard.A new roof deck will be installed on top of the new garage as well as a new staircase.The roof deck will be an extension of existing outdoor space and will allow the owner to have better views of Long Lake as well as an improved space for entertaining. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: It is my understanding that most of the homes around Long Lake have a 75 foot lake setback. Due to the nature of the site,this property has a 100 foot setback.An existing portion of the 1960s home already extends beyond the 100 foot setback. After careful analysis, the new garage stall that we are proposing can only be built in one area of the property. We took great effort to keep the size of the new garage small as not to impede further into the 100 foot setback. 3.The variance,if granted,will not alter the essential character of the locality. Response: Correct.The design team painstakingly replicated the unique architectural details of the current home.The new garage will be a beautiful extension of the home.The landscape surrounding the new addition will be beautifully installed as well. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: As stated prior,due the nature of the existing lot and particular setbacks of this property we are asking that this addition be reviewed and approved for a variance. 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: N/A 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:This statement could not be more accurate for this project.The roof deck above the new garage will serve as a place for the homeowner to engage with the outdoors, connect to nature and enjoy the beauty of Long Lake for years to come. 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. By creating more usable outdoor space,we would argue that we are improving the health and comfort of the property owner. 12.The granting of such variance will not merely serve as a convenience to the applicant,but is necessary to alleviate demonstrable difficulty. Response:Yes. As stated prior,due the nature of the existing lot and particular setbacks of this property we are asking that this addition be reviewed and approved for a variance.