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HomeMy WebLinkAboutLA18-000056 Neugent (710 Big Island) VAR Exhibit B Practical DiffLetter View file:///or-mail/...0thru/LA18-000056%20(710%20Big%20Island)%20Var/Practical%20Difficulties%20Documentation%20Form%20(7).htm[6/14/2018 11:05:10 AM] PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA18-000056 1. The property owner proposes to use the property in a reasonable manner not permitted bythe Zoning Chapter. Response: The Property Owner has a 21- year old severely disabled child with Down syndrome that has dysplasia of the right hip that makes walking on unstable surfaces difficult and dangerous. (Medical documentation can be provided). Given the arthritic condition of the hip, there are times when this youngman needs a wheel chair to be mobile. The property owner plans to spend weekends in the winter out at thecabin with their son who lives with them from Saturday ?Monday morning, During the week, he lives at anapartment on Carlson Parkway in Minnetonka. They are requesting permission to lay a natural lookinghandicap accessible ramp on the property so that a car can drive safely onto the property to allow himaccess to the home. 2. The plight of the landowner is due to circumstances unique to his property not created by thelandowner. Response: The shoreline of the property has an incline that accumulates significant snowdrifts that theproperty owner?s disabled son cannot navigate safely. By having a landing to drive up, the child can have asnow-blown even surface to get to the house by foot or by wheelchair safely. 3. The variance, if granted, will not alter the essential character of the locality. Response: The property owner is planning to use a product like Grass Pave II, which is a naturalizedsurface that will protect the root systems of the grass. This will allow a car to drive up to a level landing forhandicap accessibility while maintaining the natural look of the environment. Right now, even in the spring,summer and fall months the entryway to the property is a muddy mess. This action will also protect thevegetation on the shoreline in warmer months. 4. Economic considerations alone do not constitute practical difficulties if reasonable use forthe property exists under the terms of the Zoning Chapter. Response: N/A 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight forsolar energy systems. Variances shall be granted for earth sheltered construction as defined inMinnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. Response: N/A 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any usethat is not allowed under this Chapter for property in the zone where the affected person's landis located. Response: N/A 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling asa two-family dwelling. Response: N/A 8. The special conditions applying to the structure or land in question are peculiar to suchproperty or immediately adjoining property. Letter View file:///or-mail/...0thru/LA18-000056%20(710%20Big%20Island)%20Var/Practical%20Difficulties%20Documentation%20Form%20(7).htm[6/14/2018 11:05:10 AM] Response: This is the only entryway onto the property in a vehicle on the property. 9. The conditions do not apply generally to other land or structures in the district in which saidland is located. Response: The property owner does not have any other access to the land for large pieces of equipment or material needed on the property. ( Lawn mower, bob cat, appliances, furniture etc.) 10. The granting of the application is necessary for the preservation and enjoyment of asubstantial property right of the applicant. Response: Yes. The applicant?s son cannot have access to the home in the winter without a reasonable access entry. The entry is also needed in order to allow access for building materials needed for repairs and upkeep for the house (lawn care equipment, roof shingles etc.) 11. The granting of the proposed variance will not in any way impair health, safety, comfort,morals, or in any other respect be contrary to the intent of the Zoning Code. Response: N/A 12. The granting of such variance will not merely serve as a convenience to the applicant, but isnecessary to alleviate demonstrable difficulty. Response: This request is not about convenience for the property owner. It is about safe access for theirhandicapped son in the winter months, access for barges and repair/maintenance suppliers to get supplies onto the island and preservation of this landing to stop erosion.