10-19-2020 Planning Commission Packet

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PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA20-000066 1. The property owner proposes to use the property in a reasonable manner not permitted b the Zoning Chapter. Response: Yes, the proposed use is a solarium addition that is in substantial conformance with Zoning Chapter requirements, with the exception of the Average Lakeshore Setback, ord.78-1279(6). 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The home (principal building) at 1101 North Arm Drive was built in 1920. The principal buildings on the immediately adjacent lots to the north and south were built in 1988 and 1983, respectively, thereby apparently creating the current non-conformance regarding the average lakeshore setback for the previously existing home. 3. The variance, if granted, will not alter the essential character of the locality. Response: The variance, if granted, will allow the property to remain in harmony with 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: Economic considerations do not factor in this request for variance. 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight fo solar energy systems. Variances shall be granted for earth-sheltered construction as defined ... Minnesota Statutes, Section 116106, Subd. 2, when in harmony with this Chapter. Response: Access to sunlight factors in this request for variance to the extent that the proposed solarium desires the proposed southerly exposure. 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 proposed solarium addition is otherwise allowed in this LR-1B zone. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: Use as a two-family dwelling does not factor in this request for variance. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: While the existing home (principal structure) on the subject property is well beyond the required lakeshore setback of 75 feet.