09-16-2019 Planning Commission Packet

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PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA19-000067 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: We are requesting a variance from the average lakeshore setback line. We are meeting and improving all other setbacks and codes but the average setback line is a practical difficulty given the shape of the land. The property is on one of the points on Casco so that the lakeshore curves at this piece of land making the average setback line go straight through the usable footprint of land. There is also an existing driveway that is shared by two neighbors that have easements to use it. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The practical difficulty for this variance is because of the shape of the land. Being on a point the property juts out creating an unusual shape to the shoreline. The homeowner has no control over this circumstance. 3. The variance, if granted, will not alter the essential character of the locality. Response: The existing house as it currently sits is in the same general location as the proposed house would be, therefore not changing the character of the locality. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Economics is not the reason we are asking for the 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: This property is on the curve on Casco Point and therefore the property curves with the road and lakeshore. It also has an existing driveway that two neighbors share an easement and daily use of. It is an unusual situation that does not fit within the norm of the average lakeshore setback. 9. The conditions do not apply generally to other land or structures in the district in which said land is located.