09-18-2023 Planning Commission Packet

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9/13/23, 2:11 PM Permit Details I Citizenserve PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA23-000046 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The applicant/homeowner proposes to use the property in a very reasonable manner not permitted by the Zoning Chapter. The applicant viewed and measured all other patios and or decks on neighboring properties and created a simple deck plan that is approximately the same size if not smaller in size to her neighbors living in the adjacent properties, and is cognizant that the proposed deck and descending staircase into the back yard will not in any way negatively affect the site lines of the neighbor(s) living in either and or both 3405 and 3403 East Lake Street. The neighbors living at 3409 East Lake Street do not have views into the applicant's back yard as their large garage and a large maple tree located on the applicant's property obstruct said views. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The lot size of the property is 44' W x 102' D and there is a creek that runs through the back of the property where a 75' lake setback is normally required and a 30' side setback is normally required. The size of this property is the smallest of all the lots located in the East Lake Street/Bayside Addition to Lake Minnetonka neighborhood. The unique circumstances of this property were not created by the landowner as the lot size was formed decades prior to the applicant's purchase of the property in 1996. This is a unique property whereas 79% is located within 75' of the creek and the OHWL of Lake Minnetonka. 3. The variance, if granted, will not alter the essential character of the locality. Response: If the variance is granted, the raised deck will not alter the character of the property, neighborhood and/or adjacent properties. All existing landscaping on the East, West and North facing areas of the property will not be affected or altered in any manner. There are two hydrangea bushes that will need to be removed from the South -facing planting bed against the house as the proposed deck will not allow for sufficient sunlight for proper growth. The two hydrangea bushes will be transplanted to other areas of the property accordingly. (Attached photos demonstrate how the property has been improved by the planting and maintaining of perennials/planting beds on all sides of the property following the 2005 home build. NOTE: No landscape fabric has ever been used on this property by current homeowner therefore eliminating chemicals from the plastics/landscape fabric leaching into the ground and subsequently leaching in to the well water and the creak.) 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: At the time that the current home was built, the applicant was not financially able to build a deck onto the back side of the house and at the time that the original variances/setbacks were requested, she chose to forgo the building of a deck at that time but always planned on pursuing the addition of a raised deck off the 2nd floor kitchen at a time in the future when she was more financially stable and able to do so along with upgrading the siding from vinyl siding to a more quality siding product to enhance the look, the usability, the enjoyment and also the value of the property. The addition of a deck will add to the quality of life and overall enjoyment of the property throughout the year - placing a barbequing unit on the deck for grilling throughout the year and hosting family and friends out of doors throughout the Spring, Summer and Fall. https://www5.citizenserve.com/Admin/PerrnitController?Action=DisplayPermitDetaiI&SelectedTab=Permits&Permit_ID=12203161 &WorkOrder_ID=876... 1/3