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FILE # LA18-000076 <br />17 Sept 2018 <br />Page 3 of 5 <br /> <br />affected person's land is located. The board or council may permit as a variance the temporary <br />use of a one-family dwelling as a two-family dwelling. <br /> <br />According to MN §462.537 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. The <br />variance supports expansion of a non-conforming structure in the lake yard. Lake yard <br />construction prohibitions are intended to maintain the natural lakeshore and <br />encourage development away from the lake. Alternatively, the goals of average <br />lakeshore setback include protecting views from land into the lake, the requested <br />variances to increase the height of the existing structure is in harmony with the <br />Ordinance as the most adjacent neighbors are separated from the structure and <br />situated so that their lake views will not be impacted by the changes to the existing <br />boathouse. The additional mass of the roof areas within the setbacks will not be closer <br />to the lake than existing and will not negatively impact the views into the property <br />from the lake. The reorientation of the lake access stair results in a decrease in 0-75’ <br />zone hardcover rand is in harmony with the Ordinance. This criterion is met. <br />2. The variance is consistent with the comprehensive plan. The variances resulting in <br />modifications to the existing boathouse without footprint expansions within the <br />setbacks in a residential zone are consistent with the Comprehensive Plan. The <br />reorientation of the lake access stair results in a decrease in 0-75’ zone hardcover rand <br />is consistent with the Comprehensive Plan. This criterion is met. <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 <br />permitted by the official controls; The reasonable use of the property is <br />established with the principal structure. The applicant suggests that <br />reasonable use extends to protection from insects and inclement weather. <br />The request to permit expansion of the boathouse lakeward of the average <br />lakeshore setback and within the 75-foot lake setback appear to be <br />reasonable as the owners of the adjacent properties previously stated no <br />objection to the plans; the mature vegetation, topography, and property <br />orientation separate the subject property from the adjacent neighbors. The <br />stair reorientation resulting in a reduction of hardcover is reasonable. This <br />criterion is met. <br />b. There are circumstances unique to the property not created by the landowner; <br />The applicant proposes to make improvements to an existing building to <br />improve functionality for the owners. The boathouse was not constructed by <br />the current owners. and <br />c. The variance will not alter the essential character of the locality. The requested <br />variances will not result in the property being out of character with the <br />neighborhood; will not expand the footprint of the boathouse; or result in <br />additional encroachment into the setbacks toward the lake. The stair <br />reorientation resulting in a reduction of hardcover will not alter the character <br />of the locality. This criterion is met. <br />Additionally City Code 78-123 provides additional parameters within which a variance may be <br />granted as follows: <br />4. Economic considerations alone do not constitute practical difficulties. Economic <br />considerations have not been a factor in the variance approval determination. <br />5. Practical difficulties also include but are not limited to inadequate access to direct <br />sunlight for solar energy systems. Variances shall be granted for earth-sheltered