06-21-2022 Planning Commission Packet

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Letter View PC Exhibit B LA22-000028 PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA22-000028 . The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The proposed home & landscaping is reasonable use of this property. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The property has two lakeshore setbacks - Lake Minnetonka & French Lake/Creek. 3. The variance, if granted, will not alter the essential character of the locality. Response: The proposed plan will increase the conformity of the lot. The existing home and landscaping encroach further into the Lake Minnetonka and French Lake/Creek setbacks. The proposed plan reduces the amount of hardcover on the lot. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: n/a 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. lesponse: Practical difficulties include restrictive allowable buildable area for this unique lot. 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: n/a 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: n/a 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: In addition to the typical Lake Minnetonka shoreline, there is a unique secondary shoreline setback due to French Lake/Creek. It restricts the conforming buildable area by severely constricting the 1.86 acre rectangular lot to a 0.13 acre wedge-shaped conforming area. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. esponse: The typical Lake Minnetonka lot does not have a secondary shoreline setback. 0. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. file:///ci.orono.mn.us/...8%20(2605%20North%20Shore%20Dr)%20VAR/Practical%20Difficulties%20Documentation%20Form%20(16).htm[6/16/2022 1:38:24 PM]