Laserfiche WebLink
FILE #LA23-000059 <br />October 16, 2023 <br />Page 3 of 5 <br /> <br /> <br />subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any <br />use that is not permitted under this chapter for property in the zone where the affected person's land is <br />located. The board or council may permit as a variance the temporary use of a one-family dwelling as a <br />two-family dwelling. <br /> <br />According to MN §462.357 Subd. 6(2) variances shall only be permitted when: <br />1. The variance is in harmony with the general intent and purpose of the Ordinance. An average <br />lakeshore setback variance is required for the construction of a 6-foot screen wall. Much of the <br />existing home is located in front of the average lakeshore setback line. The proposed accessory <br />structure is located on the southern side of the home. The property is situated at a lower grade <br />than the impacted neighbor to the south. The neighboring properties also have dense <br />vegetative screening between the two. The neighboring property to the south would not be <br />impacted by the proposed protect. The structure meets the 75-foot lake setback and the <br />property is proposed to remain in compliance with the hardcover regulations. However, the <br />accessory structure does not meet the required side yard setback. The screened wall and <br />outdoor kitchen is considered to be an accessory structure based on the submitted design. The <br />required setback for accessory structures in the LR-1B district is 10 feet and the proposed wall is <br />approximately 6 feet from the side property line. the proposed structure is not in harmony with <br />the general intent and purpose of the Ordinance. This criterion is not met. <br /> <br />2. The variance is consistent with the comprehensive plan. The property is being used for a single <br />family home consistent with the comprehensive plan. The proposed accessory structure height <br />is not likely to impact any lake views. However, structure does not meet the required side yard <br />setback and does not demonstrate consistency with the comprehensive plan. This criterion is <br />not met. <br /> <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not permitted <br />by the official controls; The construction of a new accessory structure is permitted within <br />official controls. However, the proposed location within the side yard setback is out of <br />convivence since there is ample room for the structure to meet the 10-foot required <br />setback and therefore is not a reasonable use of the property. This criterion is not met. <br /> <br />b. There are circumstances unique to the property not created by the landowner; The <br />placement of the existing home and the topography of the area are unique to the <br />property and not created by the landowner. The unique circumstances can support an <br />average lakeshore setback variance, however the proposed location of the structure <br />within the 10-foot side yard setback is created by the homeowner to expand their <br />outdoor living space. This criterion is not met.; and <br /> <br />c. The variance will not alter the essential character of the locality. The proposed variance <br />resulting in a new screen wall structure will not impact the neighboring views of the <br />lake. However, the proposed wall is closer than the Ordinance permits and is larger and <br />a more intense use than the nonconforming wall and grill on the property today. This <br />criterion is not met. <br /> <br />Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as <br />follows: