01-17-2006 Planning Commission Packet

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existing front yard wood fence be reconsiructed in ils curreni alignment within the 75'lakeshore setback. The fence falls wiihin fhe Cily's Right of Way but . verbal approval of the fence replacement project has been granted by Greg Gappa. The fence also crosses a utility easement and reconslruclion of the fence will not limit access to Ihe easemenl. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The unique shape of ihe Io1, which is a peninsula, resulis in no buildable area on the lower portion of Ihe loi. The homeowner currently has iwo sets of docks and a long separation in terms of elevation change between the lakeshore and the house. The existing fence along Ferndale has degraded over time and the homeowners wish to improve the fence in its currenf alignmenl with a similar style while complying with Ihe Ciry's fence regulations. 3."The variance, if granted, will not alter the essential character of the locality." The properly already has the outbuilding and 1he deck preseni on it, and the graniing of the variance to relocate and refinish ihe deck will not alter the existing character, other than to improve ils current use. Reconslruclrng the fence along Ferndale will improve the character of the locality as the existing wood fence is in poor condition buf provides a picturesque frame lo Ihe edge of Ferndale Road. 4. "Economic considerations alone shali not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." The variance request is nol based on economic considerations, but on the undue hardship posed by the unique and unusual shape of the lot. 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2,when in harmony with this Chapter." Noi Applicable � 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." The requested variance sustains a use that is permitted in thrs zone. 7."The Board or Council may permit as a variance the temporary use of a one- family dwelling as a two-family dwelling." Nol Applicable 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." Yes. The lot is a peninsula, and the homeowner would gladly relocate the deck behind the 75'setback line if such an area that provided access !o ihe lake i � ..._, . ,-, .:. , , �.._ _. ' . � ,::�`?: