HomeMy WebLinkAboutLA18-000076 (1725 Bohns Pt Rd) Ex B Pract DiffPRACTICAL DIFFICULTIES DOCUMENTATION FORM LA18-000076
1. The property owner proposes to use the property in a reasonable manner not
permitted by the Zoning Chapter.
Response: By adding walls and a roof to the existing flat roof deck, the enjoyment of the
space can be extended to times of inclement weather and protection from nuisance insects.
2. The plight of the landowner is due to circumstances unique to his property not
created by the landowner.
Response: The placement of the existing boat house and roof deck structure by previous
landowners coupled with the natural topography creates both unsafe and unsuitable spaces for
gathering.
3. The variance, if granted, will not alter the essential character of the locality.
Response: The topography is such that the massing incurred by walls and a roof are
backdropped by plantings and hillside from the lakeward vantage. From the property vantage,
the topography and plantings/boulder walls screen the structure from impacting the water
view. Neighbors from either side cannot see existing or proposed structure from their vantage
and are thought to be a non-factor.
4. Economic considerations alone do not constitute practical difficulties if
reasonable use for the property exists under the terms of the Zoning Chapter.
Response: Economic considerations are not a part of this request
5. Practical difficulties include, but are 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.
Response: The lower portion of the structure is unsuitable for anything but storage and the
open roof deck is unsuitable for comfortable gathering because of exposure to pests and
inclement weather.
6. The Board of Appeals and Adjustments or the Council may not permit as a
variance any use that is not allowed under this Chapter for property in the zone
where the affected person's land is located.
Response: N/A
7. The Board or Council may permit as a variance the temporary use of a one-family
dwelling as a two-family dwelling.
Response: N/A
8. The special conditions applying to the structure or land in question are peculiar
to such property or immediately adjoining property.
Response: The steep shoreline relative to the boat house roof deck elevation puts it amongst
thick natural vegetation which functions as proper soil stabilization and visual screening of the
structure from the lakeward vantage; however these conditions also make all spaces currently
unsuitable for comfortable gathering.
9. The conditions do not apply generally to other land or structures in the district in
which said land is located.
Response: They do not.
10. The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
Response: To have a boat house and roof deck that currently fits the intention of keeping
Lake Minnetonka shoreline as natural as possible, yet not be able to use it comfortably, is an
unfortunate circumstance due to placement amongst aforementioned foliage coupled with a
steep and unsafe decent to find comfort and safety in the protected storage space below.
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: The proposed design increases taxpayer's ability to use the space safely and
comfortably while not impeding any lake passerby, adjacent property owners, or property
guests from their enjoyment of the surroundings.
12. The granting of such variance will not merely serve as a convenience to the
applicant, but is necessary to alleviate demonstrable difficulty.
Response: Safety concerns for use and access are paramount to this request.