06-21-2021 Planning Commission Packet

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Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA21-000041 1. The property owner proposes to use the property in a reasonable manner not permitted by 110 the Zoning Chapter. Response: The applicant is proposing an addition of a storage and utility room off the northwest corner of the garage. This storage will be used for a water treatment system, items from a currently non- compliant shed, items currently stored outside, bike storage and lawn care equipment. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The property has a number of unique characteristics. The shape of the lot is unconventional, there is a wetland and subsequent setback on the east side and there is a permanent city cul-de-sac on the property. In addition to these circumstances the house does not have a basement. 3. The variance, if granted, will not alter the essential character of the locality. Response: The addition will be in-line with the current aesthetics of the home and is 1 story high. The property has no single family home lots as immediate neighbors. The lot boarders the Foxhill Home Owners Association 8 acre common area on two sides. The closest two neighbor's houses are about 200' away each across the Dakota Trail and Brown Road. In addition there are stands of coniferous and deciduous trees between the house and those neighbors. 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 have not been a factor in the variance approval determination. 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 1167.06, Subd. 2, when in harmony with this Chapter. Response: The property has a number of practical difficulties due to the nature of the lot and the house. First, the unique shape of the property creates an overlap because of the orientation of the house on the property. Second, the wetland on the east side of the property prevents any additions on that side. On the southwest corner of the lot the city has an easement for a cul-de-sac and a 50' setback from the edge of the pavement. Next, there is no basement where the water treatment components could be located. Finally there is 5' deep existing natural pool and an abandoned well on the north side of the house that makes it difficult to expand that direction. 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 request complies with acceptable use of the property zone. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. III Response: This condition is not applicable.