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1300 Bracketts Point Road Variance Application 2 <br /> <br />8. “The special conditions applying to the structure or land in question are peculiar to such property <br />or immediately adjoining property” <br />The entire existing house falls within the average lake shore setback, as this house sits on a <br />slight promontory in the land as compared to its adjacent neighbors. The neighbors’ homes are <br />respectively 77.2 and 117.5 feet from the Ordinary High Water (O.H.W.) line of Lake <br />Minnetonka. The resulting setback line on this property thus varies from 160.1 to 240.0 feet <br />from the O.H.W. line. <br />Due to the combination of the required string test and the peculiar promontory of land, a <br />variance on this property is required in many instances where it would not be required on the <br />adjacent properties. <br /> <br />9. “The conditions do not apply generally to other land or structures in the district in which said <br />land is located” <br />See #8. <br /> <br />10. “The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant” <br />As the entire house is nonconforming, any improvements to extend the life of the home and <br />maintain its value given its location require a variance. The variance will provide the <br />opportunity to make a house with an aesthetic and spaces that meet the homeowner’s goals. <br /> <br />11. “The granting of the proposed variance will not in any way impair health, safety, comfort, <br />morals, or in any other respect be contrary to the intent of the Zoning Code” <br />Correct. All work proposed will be executed per code or above code minimum requirements. It <br />will improve the energy consumption and quality of life for the homeowners. <br /> <br />12. “The granting of such variance will not merely serve as a convenience to the applicant, but is <br />necessary to alleviate demonstrable difficulty” <br />As the entire house is nonconforming, any improvements to extend the life of the home and <br />maintain its value given its location require a variance. The variance allows the investment in <br />this property to be brought to fruition. <br /> <br />