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10-21-2019 Planning Commission Packet
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10-21-2019 Planning Commission Packet
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10/22/2019 9:25:41 AM
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PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br /> LA19-000082 <br /> 1. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the Zoning Chapter. <br /> Response: This is an unusual situation where there is lakeshore on both sides of the house making <br /> the buildable area very small. The existing house already is totally out of compliance. The homeowner <br /> wishes to re-construct the existing, failing garage and make it sizable enough to pull 2 cars into it. We <br /> are pushing the garage back 4' from the street and widening it 4' - making it 24' wide. <br /> 2. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> Response: The need for the variances is created by the shape of the land on this point. With road <br /> setbacks and Lakeshore setbacks on two sides it creates a small buildable area. <br /> 3. The variance, if granted, will not alter the essential character of the locality. <br /> Response: This whole stretch of Fagerness Point has houses with similar situations. Granting these <br /> variances will not alter the character of the neighborhood. <br /> 4. Economic considerations alone do not constitute practical difficulties if reasonable use <br /> for the property exists under the terms of the Zoning Chapter. <br /> Response: We are asking for the variances for the practicality of rebuilding a usable two car <br /> garage.It is not because of any economic situation. <br /> 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight <br /> for solar energy systems. Variances shall be granted for earth sheltered construction as <br /> defined in Minnesota Statutes, Section 1163.06, Subd. 2, when in harmony with this <br /> Chapter. <br /> Response: N/A <br /> 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any <br /> use that is not allowed under this Chapter for property in the zone where the affected <br /> person's land is located. <br /> Response: N/A <br /> 7. The Board or Council may permit as a variance the temporary use of a one-family <br /> dwelling as a two-family dwelling. <br /> Response: N/A <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. <br /> Response: This is a unique situation of land specific to this end of Fagerness Point. It is not typical in <br /> Orono to have water on two sides of the house. This is typical to the neighboring houses. <br />
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