01-11-2016 Council Packet - Laserfiche WebLink

Home Browse Search

#15-3796 7 Dec 2015 Page 3 of 4 According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The purpose for the ordinance is to protect views of the lake. The proposed additions and modifications to the home will not adversely impact existing views of the lake from neighboring properties. 2. The variance is consistent with the comprehensive plan. Construction of a second story addition over portions of the residential home is in harmony with the intent of the use of the residential property. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; Application of the average lakeshore setback results in making over half of the home non -conforming. The second story addition over the existing home footprint is reasonable. b. There are circumstances unique to the property not created by the landowner; The average lakeshore setback line resulting from the setback offset of the neighboring homes was not created by the landowner; and c. The variance will not alter the essential character of the locality. Lake views currently enjoyed by the neighboring properties will not change as a result of this project. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The unique orientation of the subject property and the abutting neighbors' properties results in an awkward setback offset not common in lakeshore properties. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The orientation of the subject property and the abutting neighbors is unique to the subject property. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The average lakeshore setback variance is necessary in order to construct the 2nd story addition preserving a property right of the owners. 7. The granting of the proposed variance will not in anyway impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The variance to construct the additions to the home will not impact health, safety, comfort, or morals or be contrary to the zoning code. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Granting the average lakeshore setback variance to construct the additions will alleviate a difficulty created in the orientation of the subject and surrounding properties. The Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds practical difficulties exist in the arrangement of the three properties and the relationship between the elevations of each of the homes to support granting the average lakeshore setback variance.