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FILE # LA23-000056 <br />16 October 2023 <br />Page 4 of 7 <br /> <br /> <br />VARIANCE APPLICATION ANALYSIS <br /> <br />Practical Difficulties <br />Applicant Submittal Information: The owner filed an appeal based on their opinion that the stair is permitted <br />according the Section 78-1279; they provided a narrative justifying their appeal (Exhibit B). No specific practical <br />difficulties analysis was submitted supporting the requested variance. The application should be asked for <br />additional testimony regarding the practical difficulty. <br /> <br />Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds that the current orientation <br />of the owner’s home in comparison to the neighboring homes creates a practical difficulty supporting the <br />variances for setback. Additionally, raise the deck to be the same level of the first floor of the home and adding <br />guard railing are supported to increase safety of the deck and follow MN State Building Code guidelines. <br /> <br />LOT ANALYSIS WORKSHEET <br /> <br />Section 78-305 and 78-1279 – Deck Setbacks: <br /> <br />LR-1A Required Existing Proposed <br />Rear – Bay Ridge Rd 50’ +100’ No Change <br />Street – CSAH 15 50’ ±83’ No Change <br />North Side 12’ ±60’ No Change <br />South Side 12’ ±8.5’ No Change <br />Lakeshore 75’ 143’ No Change <br />Average Lakeshore The existing (and proposed) deck is situated approximately 40 feet lakeward <br />of the average lakeshore setback. <br /> <br />Section 78-1403 – Structural Building Coverage: <br /> <br />Total Lot Area Total Structural Coverage <br />±38,500 s.f. (0.89 acre)* Allowed: 7,700 s.f. (20%) <br />Existing: 3,250 s.f. (8%) <br />Proposed: 3,250 s.f. (8%) <br />*The lot area has been adjusted to exclude the paved area of CSAH 15 (Shoreline Drive). <br /> <br />Section 78-1700 – Hardcover Calculations: <br /> <br />Stormwater <br />Overlay District <br />Tier <br />Total Area in <br />Zone <br />Allowed <br />Hardcover Existing Hardcover Proposed Hardcover <br />Tier 1 38,500 s.f. 9,625 s.f. <br />(25 %) <br />9,158.4 s.f. <br />(23.7%) <br />9,158.4 s.f. <br />(23.7%) <br /> <br />Applicable Regulations: <br />Side Yard Setback Variance (Section 78-305) <br />The newly constructed deck is approximately 8-inches higher than the previously existing deck. The deck is set <br />back 8.5’ feet from the side lot line where a 12-foot setback is required (per Sec. 78-305(b)(1) side yard setback <br />exception). The increased height of the deck is an expansion within the substandard side yard setback. <br />