Loading...
HomeMy WebLinkAbout18-3997 Halvorson (1300 Bracketts Pt Rd) Ex B Practical Difficulties1300 Bracketts Point Road Variance Application 1 December 13th, 2017 Halvorson Variance Application – Practical Difficulties Property Address: 1300 Bracketts Point Road Orono, MN 55391 Submitted by George & Laurie Halvorson along with Rehkamp Larson Architects The following verbiage responds to questions #1-12 on the Practical Difficulties Documentation Form of the attached Variance Application: 1. “The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter” The entire home is nonconforming as it is within the string test so any change to the volume requires a variance. These requests for improvement are only vertical as the footprint is not affected. The homeowner would like to adjust the style of the home by altering 2 roof lines and a front entry canopy height. They would also like to add a family room that captures views to the west. 2. “The plight of the landowner is due to circumstances unique to his property not created by the landowner” The parcel is located such that the string test setback required by Sec. 78-1279(6) and the location of the lakeshore create an atypical zoning condition which places the existing home entirely within a non-conforming area. 3. “The variance, if granted, will not alter the essential character of the locality” Correct. The essential bones of this house remain intact. The small addition and refinements to the roofs are improvements that will not alter the already eclectic character of the neighboring properties. The views of neighbors will not be adversely affected by these improvements. 4. “Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter” The home is entirely within the string test set back/average lake shore setback precluding any improvements to the existing aging structure without a variance. The homeowners chose to invest in this existing home and do a significant remodel rather than tear down. 5. N/A 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” The home’s use is to remain a single-family residence. Hardcover is unaffected. 7. N/A 1300 Bracketts Point Road Variance Application 2 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property” The entire existing house falls within the average lake shore setback, as this house sits on a slight promontory in the land as compared to its adjacent neighbors. The neighbors’ homes are respectively 77.2 and 117.5 feet from the Ordinary High Water (O.H.W.) line of Lake Minnetonka. The resulting setback line on this property thus varies from 160.1 to 240.0 feet from the O.H.W. line. Due to the combination of the required string test and the peculiar promontory of land, a variance on this property is required in many instances where it would not be required on the adjacent properties. 9. “The conditions do not apply generally to other land or structures in the district in which said land is located” See #8. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant” As the entire house is nonconforming, any improvements to extend the life of the home and maintain its value given its location require a variance. The variance will provide the opportunity to make a house with an aesthetic and spaces that meet the homeowner’s goals. 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” Correct. All work proposed will be executed per code or above code minimum requirements. It will improve the energy consumption and quality of life for the homeowners. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty” As the entire house is nonconforming, any improvements to extend the life of the home and maintain its value given its location require a variance. The variance allows the investment in this property to be brought to fruition.