Laserfiche WebLink
PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br />LA25-000012 <br />1. The property owner proposes to use the property in a reasonable manner not permitted by the <br />Zoning Chapter. <br />Response: Continuing the use of an existing structure by the lake for residential recreational and storage <br />purposes is in keeping with the intent of the zoning code. Though this is an intensification of use of the <br />existing structure, through a covenant signed with the city the homeowners will not be using this new space <br />for dwelling purposes. <br />2. The plight of the landowner is due to circumstances unique to his property not created by the <br />landowner. <br />Response: The request to raise the building 1’-0” above the existing volume of the existing structure is a <br />direct result of needing to comply with the Minnehaha Creek Watershed District regulations and the City of <br />Orono Regulations. The proposed structure as designed prior to adjustment required my MCWD fits within the <br />volume of the existing boathouse – complying with the city. Further, the current design could meet the lowest <br />level provision of the Orono code as well. Thus, the structure meets all underlying Orono zoning requirements. <br />But, due to the low-lying elevation of the existing structure which was in existence when the homeowners <br />bought the property, a variance is needed. <br />Further, the location of the existing boathouse was not determined by the current homeowner, and thus the <br />proximity to the lake and inability to provide a full 15’ buffer at 931.5’ASL because the 15’ would cause <br />alterations to the lake shore are a situation not create by the homeowner. The topography of the site has <br />existed for decades. <br />The desire to include plumbing in the reconstructed structure is a direct response to the existing and dramatic <br />grade change on the site. Having a place of rest at the lower elevation of the site will allow for the increased <br />use of the property by a wider range of people with varying abilities including aging family and friends. <br />Please see the attached narrative for more information. <br />3. The variance, if granted, will not alter the essential character of the locality. <br />Response: If granted, the newly constructed boathouse will be smaller both visually and dimensionally, than <br />the existing boathouse. The height from grade to the highest point of the existing boathouse is currently 10’-5 <br />1/2” at east and 9’-3” at the west. The proposed boathouse, with the subsequent grading that is necessary, <br />will be 9’-1” above grade. Thus, granting of the variance will result in a visual impact from the lakeshore that <br />is less than the current conditions on site. If granted, the highest point of the new boathouse will still be <br />below the highest point of the existing roofline by approximately 2”. Even with the additional 1’-0” of height, <br />the proposed structure will be lower than the highest point of the existing roofline. <br />Further, if granted, the grading around the boathouse will better protect the new structure than the current as <br />the new structure will now comply with both City and MCWD flood protection elevation requirements. The <br />addition of plumbing to the structure will not alter the essential character of the locality. The homeowners are <br />willing to sign a covenant stating that the structure will not be used as a dwelling. Thus, the character of the <br />locality will remain as this will be an accessory structure and not a dwelling unit by the lake. <br />Please see the attached narrative for more information. <br />4. Economic considerations alone do not constitute practical difficulties if reasonable use for the <br />property exists under the terms of the Zoning Chapter. <br />Response: If granted, this variance will not result in any cost savings for the homeowner. <br />92