05-20-2024 Planning Commission Packet

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The request to expand the volume of the existing nonconforming home with the addition of a deck lakeward of the average lakeshore setback appears to be reasonable on the Property as there are no options for conforming expansion of any portion of the home. The curved shoreline and extreme setbacks of the neighboring homes result in the existing non-conforming condition. The Applicant has proposed 122 square feet of hardcover removals to offset the new deck hardcover. 3b. The plight of the landowner is due to circumstances unique to his property not created by the landowner.: The location of the existing home, the curved shoreline, and the extreme setback location of the neighboring homes, ad existing hardcover are conditions not created by the landowners; and 3c. The variance, if granted, will not alter the essential character of the locality.: It does not appear that the requested average lakeshore setback variance to expand the home over the existing footprint will adversely impact views of the lake currently enjoyed by the adjacent property owners or alter the character of the locality as many of the homes in the neighborhood. Further the Applicant’s proposed hardcover removals will offset the new hardcover resulting from the deck. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter.: Economic considerations have not been a factor in the variance approval determination. 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.: This condition is not applicable. 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.: This condition is not applicable, as residential improvements are allowed in the LR-1B District. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling.: This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.: The location of the existing improvements on the Property, the orientation and extreme setback of the location of the neighboring homes, and existing hardcover are conditions unique to the Property. 9. The conditions do not apply generally to other land or structures in the district in which said land is located.: 22