09-20-2021 Planning Commission Packet

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Letter View LA21-000059 PRACTICAL DIFFICULTIES DOCUMENTATION FORM Exhibit B LA21-000059 • 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The request to permit portions of the house lakeward of the average lakeshore setback line appears to be reasonable; the curved shoreline and the property shape and location of the NW neighbor's home result in the existing non-conforming condition. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The curved shoreline and the extreme setback of the neighboring home are conditions not created by the landowners. 3. The variance, if granted, will not alter the essential character of the locality. Response: It does not appear that the requested variance will adversely impact the views of the lake by the adjacent property owners or alter the character of the locality as the NW neighbor's home is located on a steep hill above the property allowing them to maintain their lake views. A large tree was also removed from the property which improved the lake views for the neighbor (exhibit attached). The neighbor's home is also oriented to face away from the proposed house. 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 1163.06, Subd. 2, when in harmony with this Chapter. Response: This condition is not applicable 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: This condition is not applicable, as residential home construction is permitted in the LR-1B District. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: This condition is not applicable 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The property shape and extreme setback of the NW neighbor's home and the curved shoreline are unique conditions causing difficulty to improve the property. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. file:///ci.orono.mn.us/...oma%20Linda%20Avenue)%20VAR/Submittals/Practical%20Difficulties%20Documentation%20Form%20(10).htm[9/16/2021 3:11:52 PM]