04-17-2023 Planning Commission Packet

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MURPHY & CO -DISTINCTIVE RESIDENTIAL ARCHITECTURE- consistent with other homes of this caliber in the neighborhood and along the bay, and are what would be expected for modern living. 3b. The plight of the landowner is due to circumstances unique to his property not created by the landowner.: The variances are a result of the significant topography on the site, the existing configuration of the property, and the shorter depth of the property. There are no deliberate actions by the homeowner that result in the necessity of the variance request. In fact, the owners are attempting to improve the property by reducing the hardcover overage and adding more green space to the property as well as working to ensure that the property is consistent with the neighborhood and enhancing the visual appeal and charm of the parcel. 3c. The variance, if granted, will not alter the essential character of the locality.: The homeowners consciously decided to keep the majority of the existing house and only add a half- story above for additional bedrooms. This keeps the main house from changing the views from neighboring properties. The separation of the house and the garage is consistent with the neighborhood as a whole; as many of the properties along Tonkawa Road have a similar configuration (often with garage doors facing the street). The garage location also allowed for the reduction in overall hardcover on the property and created more green space closer to the house (and closer to adjacent houses). By renovating the existing house, removing the existing non-conforming garage (currently located closer to the house than allowed by code), and constructing a new garage in-line with other garages along the street, the homeowner is seeking to keep with and enhance the character of the site and neighborhood. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter.: The practical difficulties noted in the remainder of this document exist independently of the economic considerations for the project.The proposed plan for the property is not the most economically efficient for the property, but strives to balance the reasonable use of the property by the homeowner with the zoning ordinances as best as possible. 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 116J.06,Subd.2,when in harmony with this Chapter.: The practical difficulties in complying with the zoning code for the property are the significant topography across the site(especially the topography from the street to the house),the shorter depth of the property relative to neighboring properties,as well as the existing structures on the property.The location of the garage on the property coincides with the natural topography of the site and allows for the reduction in hardcover as well as the need for significant retaining walls and earthwork to serve the garage.The topographic change across the front of the site prohibits locating the garage at the house level as the resulting driveway would be too steep to safely navigate. 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.: 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.: N/A 8.The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.: 811 GLENWOOD AVENUE,SUITE 250,MINNEAPOLIS MN 55405 MURPHYCODESIGN.COM 612 470-5511