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08-20-2007 Planning Commission Packet
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08-20-2007 Planning Commission Packet
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`� �� � <br /> � 7/16/2007 4:20:03 PM 1 of 3 <br /> Jim Zimmerman-Supplemental Hardship Documentation Form <br /> 2745 Shadywood Road <br /> Excelsior;MN 55331 <br /> Melanie, <br /> We have updated or amended our written case for our hardship. Please include this in the <br /> original application for variance. <br /> Home/Job site: <br /> 2745 Shadywood Road � <br /> Orono, MN 55331 <br /> Variance application Hardship <br /> 1. "The property in question cannot be put to a reasonable use if used under <br /> conditions allowed by the ofFicial controls". <br /> Answer: There is a dedicated turn around easement to the northeastern(Landward) side of <br /> the property that creates two hardships. <br /> . a. The dedicated turnaround easement is located on the most landward portion of the site <br /> leaving that portion of the site non buildable. <br /> b. The dedicated turn around easement is paved with bituminous(black-top). The total <br /> area of land dedicated to this turnaround is 4,483 square feet or 14.6% of the land area. <br /> The existing impervious surface.is 24.5% of the land area. Thus, the dedicated driveway <br /> � <br /> at 14.6%amounts to 60% of the 24.5% impervious surface of the land lot: • <br /> 2. "The plight of the landowner is due to circumstances unique to his property not <br /> created by the landowner" <br /> � Answer: Yes, the house is in an unusual setting surrounded on three sides by water. Under <br /> current zoning standards the lot is entirely nonconforming and cannot be built on, thus. Any <br /> exterior modification requires a variance. � <br /> 3. "The variance,�if granted will not alter the essential character of the locality" <br /> Answer: <br /> � a. No, the alterations include exterior modifications that extend or improve the architecture <br /> of the existing house. Little substantial mass is proposed to be added to the house that <br /> will alter the general character of the house. Areas where the proposed additions are to <br /> extend already are partially enclosed with trellis's, patios or garages. Site lines will not <br /> be altered or changed. <br /> b. Proposed changes are consistent with housing being remodeled or constructed within <br /> the context of the surrounding neighborhood. <br /> c. We propose to provide a"Rain Garden System"with native vegetation within and <br /> adjacent to the dedicated driveway turnaround that will collect rain run-off from the <br /> driveway, house and lawn areas. <br /> 4. "Economic considerations alone shall not constitute an undue hardship if <br /> reasonable use for the property exists under the terms of the Zoning Chapter." <br /> Answer: Amenities are not consistent with property values and taxation. <br /> 5. "Undue hardship also includes, but is not limited to, inadequate access to direct � <br /> sunlight for solar energy systems.Variances shall be granted for earth sheltered <br /> construction as defined in Minnesota Statues,Section 116J.06 Subd. 2,when in <br /> harmony with this chapter." . <br /> Answer: This statement does not apply to my situation. . <br /> 6. "The Board of Appeals and Adjustments or the Council may not permit as a <br /> variance any use that is not permitted under this Chapter for property in the zone <br /> where the affected person's land is located." . <br /> Answer: This statement does not apply to my situation. <br />
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