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#15-3771 , <br /> 13 August 2015 <br /> Page 4 of 5 <br /> addition to a residence in a residentially zoned property is consistent with the <br /> Ordinance. <br /> 2. The variance is consistent with the comprehensive plan. The Comp Plan has directives <br /> which are put in place to protect the lake,limit massing and hardcover. While the mass <br /> of the home may increase,the proposed plan results in neither an increase in structural <br /> coverage as measured (footprint)or hardcover. <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 proposed additions are located in <br /> noncompliant setback locations and the non-conforming status of the 3'd story <br /> does not allow expansion without variances. In staff's opinion, this criterion is <br /> met; <br /> b. There are circumstances unique to the property not created by the landowner; <br /> the home was constructed by a previous owner. The property is shallow and is <br /> encumbered by its narrowness and proximity to the lake and Crystal Bay Road. <br /> In staff's opinion,this criterion is met; and <br /> c. The variance will not alter the essential character of the locality. The additions <br /> proposed are minimal and do not appear to result in a negative impact on the <br /> character of the neighborhood. In staff's opinion,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. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. The property is approximately 120 feet <br /> deep which significantly limits the buildable area. The properties along Crystal Bay <br /> Road are very similar in that most have a portion of the home within the 75 foot <br /> setback. <br /> 5. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.Crystal Bay Road is relatively unique within the LR-1C district due to <br /> the shallowness and narrowness of the lots, the road location, the proximity to the <br /> lake,and the existing Hennepin County Rail property to the rear. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. The applicant has stated the need to create <br /> additional living space within this home to accommodate her family. The setbacks and <br /> nonconforming status of the 3�d floor limit the expansion options significantly. <br /> 7. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. In staff's <br /> opinion,this criterion is met. <br /> 8. The granting of such variance will not merely serve as a convenience to the applicant, <br /> but is necessary to alleviate demonstrable difficulty.The applicant has stated additional <br /> living space will alleviate a practical difficulty relating to the existing space within the <br /> home on the property. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Practical Difficulties Statement <br /> Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and <br />