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FILE#16-3873 � <br /> 12 Oct 2016 <br /> Page 4 of 5 <br /> The proposed additions to the home will not alter the character of the <br /> neighborhood. The existing home garage is set back 36 feet from the paved � <br /> roadway of Smith Avenue and it does not appear that a second story addition <br /> will adversely impact the neighbor to the north. Further, the existing home is <br /> lower on the hill that is Smith Avenue, when compared to properties to the <br /> north,further reducing the impact. <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 applicant's home is a corner lot with a <br /> defined front yard on Smith Avenue. The home (according to Hennepin County) was <br /> constructed in 1947 and is in a nonconforming location on the property.The proposed <br /> improvements will not increase the footprint nonconformity within either setback. <br /> 5. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The topography, which drops off steadily as you move east, the <br /> narrowness of the lot, as well as the nonconforming location of the home on the lot <br /> make this property unique. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Options for conforming expansions of living <br /> space, including going upward, are severely limited on the property. Staff finds the <br /> variances are necessary to preserve the property right of the applicants. <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. Granting the <br /> requested variances will not adversely impact health, safety, comfort, or morals; nor <br /> will it be contrary to the intent of the Code. <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 lot width,the location and size <br /> of the existing home, as well as site topography, create practical difficulties affecting <br /> the Property; the variances are necessary and will not merely serve as a convenience <br /> to the Owner. <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 /> Septic System Status <br /> The property is served by city sewer. <br /> Practical Difficulties Statement <br /> Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and <br /> should be asked for additional testimony regarding the application. <br /> Practical Difficulties Analysis <br /> Staff finds that the nonconforming location of the house resulting in limited to no expansion <br /> opportunities on a nearly one acre property constitutes a practical difficulty with respect to <br /> making any improvements or changing the footprint. The variances are supported by practical i <br /> difficulties. <br />