05-15-2023 Planning Commission Packet

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PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA23-000020 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The use would be for outdoor family dining and reading 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The house was built prior to the Average Lakeshore Setback ordinance being established in 1992. The current landowner purchased the property in 2021 and did not create the circumstances to which the proposed deck replacement and extension is now subject to. 3. The variance, if granted, will not alter the essential character of the locality. Response: The character of the locality will not be affected by the granting of the variance. The proposed structure is bordered by trees to the north and has limited visibility for anyone to the south. The proposed structure extends the existing structure by 7ft and should not cause any negative essential differences to the character. 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 alone do not constitute the reason for the requested variance. The existing structure is limited in size and does not support the property owner's extended family. The proposed size of the deck is inline with other decks in the area. S. 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: N/A 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 property owner's use of the deck for dining and reading does not fall under the "not -allowed" use Chapter. 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 special conditions are peculiar because the property and neighboring property were constructed prior to the creation of the average lakeshore setback ordinance. The tree line between the property to the north also obstructs lake views for properties on either side 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: The other homes on the street generally fall —60ft from the street. With the curvature of the cove there is a zero/narrow band for improvements for most properties within the setback zone to the north but adequate room for improvements for the properties to the south. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The property owner believes this to be true, that the proposed extension of the deck is the best use of the land to support family gatherings as well as maximizing the enjoyment and use of the property. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: The granting of the proposed variance will not impair health, safety, comfort or morals. The proposed new deck will be aesthetically pleasing and increase the safety and comfort of the existing structure. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: The granting of the variance is not merely for the convenience to the applicant. The properties unique characteristics and curvature of the cove make any rear exterior improvements to the property difficult to accomplish within the setback zone. The granting of the variance will also improve the aesthetics of the property for view from other properties surrounding the cove.