07-16-2018 Planning Commission Packet

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Letter View PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA18-000060 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The Owner proposes to construct a garage in the front yard of the property. Part of the structure will be within the required setback for structures in the front yard. The structure is allowed in the front yard, but not positioned as requested. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The original house and driveway were positioned on the property such that the side of the house where the garage is proposed is considered the front yard of the property. The topography of the property is such that the most practical location of the proposed garage is as requested . There are also trees on the property that will make it difficult to position the new structure without damage to the landscape. These conditions were not created by the current landowner. 3. The variance, if granted, will not alter the essential character of the locality. Response: The current property consists of a house with a detached garage and outdoor storage. The proposed plan consists of a house with an attached garage and the outdoor storage will be moved indoors. This should improve the essential 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: The practical difficulty is due to previous site planning and topography. Economic considerations are not applicable. S. 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: NA 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: The Owner proposes to continue to use the property as allowed for property in the zone where the land is located. 7. The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. Response: NA 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The special conditions are peculiar to this property and were created by the original orientation of the residence and the location of the driveway from the street. This is a unique situation created by the original site plan and the topography. file:///or-mail/... 92%20thru/LA18-000060%20(1980%20Heritage)%20Var/Practical%20Difficulties%20Documentation%20Form%20(9).htm[7/10/2018 7:48:09 AM]