08-15-2022 Planning Commission Packet

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PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA22-000041 •- 1. The property owner proposes to use the property in a reasonable manner no t P Y permitted by the Zoning Chapter. Response: The owner intends to use the property as their home property. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The architecture and design committee worked to maximize the lakeshore views both homeowner and neighbors alike and working to comply to current zoning rules. The new proposed home will move back and exceed the required setback typical. There is only a small area (due to the orientation of the home with the lakeshore) that creates a pocket of variance approval needed. 3. The variance, if granted, will not alter the essential character of the locality. Response: The variance would in fact improve the current zoned setback, if the overall comprehensive shoreline setback is used, from the current existing home. 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 S5. 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: The unique lot creates a new set of challenges when the ALS is figured by the neighbor to the south. The southerly neighbor is an outlier to the shoreline as their lot is setback further than the rest of the shoreline due to the flagship lots forcing it's lakeshore setback. We can conform except the extreme angle using the southern neighbor creates only a small pie shaped aera of the new home that is non-conforming. 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: The unique lot creates a new set of challenges when the ALS is figured by the neighbor to the isouth. The southerly neighbor is an outlier to the shoreline as their lot is setback further than the rest of the shoreline due to the flagship lots forcing it's lakeshore setback. We can conform except the extreme angle using the southern neighbor creates only a small pie shaped aera of the new home that is non-conforming.