04-17-2017 Planning Commission Packet

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team are dedicated to designing and constructing a home that upholds the standards of the zoning code and the character of the locality. ANSWERS TO THE PRACTICAL DIFFICULTIES FORM (VARIANCE FROM AVERAGE LAKESHORE SETBACK AND 75-FOOT SETBACK): 1.The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. The small lot size,the setback requirements from the lake,and the fact that portions of the property designated as Special Flood Hazard Area limit the allowable buildable area for this parcel.The restricted buildable area on this property creates a practical difficulty of a new residence that is consistent with other new building improvements on lakeside properties in the area. The property owner proposes to construct a residence with portions of the home ahead of the average lakeshore setback.The residence is proposed to be located 58.4 feet from the ordinary high water level(OHWL)of Lake Minnetonka,whereas a 75-foot setback is normally required by the Zoning Chapter. It is reasonable to request a variance for construction of this residence because: • The Zoning Chapter defines the minimum LR-1A lot size as at least 2 acres(87,120 sf)in size and a minimum width of 200 feet.This property is only 55,423 square feet,which is roughly 36% less land than the LR-1A zoning requires.The lot is only 176 feet in width at the average lakeshore setback line.The small size of this particular lot creates notable challenges in meeting all the required setbacks, but especially the 75-foot lakeshore setback. • The buildable area of the lot with the highest existing elevations is located in the southern most third of the property,which is the lakeshore portion of the property. It is best to work with of the existing grades of the property rather than drastically alter the whole site to meet the lakeshore setback requirements. • Because a majority of the existing property currently lies below the 100-year flood elevation(931.50)and has been designated as Special Flood Hazard Area,the amount of existing buildable area on the property is fairly limited.A portion of the proposed new home is situated in the existing lakeside setback to allow for maintaining the currently existing floodable area zones on the northern half of property. Positioning the house in this location allows us to utilize existing soils on the property that are above the 100-year flood plain elevation and best suited for supporting the construction of a new structure. • A previously approved residence for this property(Fox Residence,2012)sought a variance to be located 40.9 feet from the OHWL of Lake Minnetonka.This proposed house location was to be 17.5 feet closer to the OHWL than the current proposed residence of this application. • The location of the proposed residence is set farther back than many of the neighboring existing residences in the area(see the attached supplemental diagram showing the proposed house position relative to existing adjacent homes in the area). 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. In its existing state,a significant portion of this property is unbuildable because of the low elevation relative to the OHWL of Lake Minnetonka. In fact, both the lakeshore area and the northwest corner of this property are located within FEMA's designated Special Flood Hazard Area. In order to replicate the existing floodplain capacity, much of the area of the lot must be dedicated to floodplain mitigation and stormwater management.The necessary strategies for stormwater management and floodplain mitigation both restrict the size of the buildable area and dictate the location of proposed construction for the new home. As previously discussed above,this lot is smaller than the prescribed dimensions for a residential lot in this district.According to the Resolution Granting Variances to Municipal Zoning Code File No. 12-3555 that was previously issued for this property by the City of