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Home My WebLink AboutLA18-000067 (1212 Briar St) VAR Exhibit B PracDiff and NarrativeLetter View file:///C/Users/loakden/Downloads/Practical%20Difficulties%20Documentation%20Form%20(1).htm[8/16/2018 9:00:54 AM] PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA18-000067 1. The property owner proposes to use the property in a reasonable manner not permitted bythe Zoning Chapter. Response: Due to the smallness of the lot size, a variance is needed to be able to situate a single car garage (14'x20'x8'), 20' back from the road and 5' off of the next door neighbor's property on the north side of the lot. James Hillier, the owner, has given us permission to build. there and his signed permission isincluded with the signature form included in the enclosed documents. The majority of the garage will be builtover the area that presently is a paved carking pad. A small section of the existing pavement will be removed(5' x 20'), to accommodate the areas of ground that will need to be covered by the garage in order tomaintain a hardcover percentage of under 30%. The proposed hardcover area will be 29.83%. 2. The plight of the landowner is due to circumstances unique to his property not created by thelandowner. Response: There is no garage presently at 1212 Briar Street which has caused considerable inconveniencewhen experiencing extreme weather conditions. 3. The variance, if granted, will not alter the essential character of the locality. Response: We are the last house at the end of a dead end street and border a woods to the north side of the property. The garage will not obstruct any view of the surroundings by our neighbors and will be built sothat it matches the existing house's exterior. Additional planting will take place where the pavement is beingremoved to to give the garage a more aesthetic character. 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. Response: n/a 9. The conditions do not apply generally to other land or structures in the district in which said Letter View file:///C/Users/loakden/Downloads/Practical%20Difficulties%20Documentation%20Form%20(1).htm[8/16/2018 9:00:54 AM] land is located. Response: n/a 10. The granting of the application is necessary for the preservation and enjoyment of asubstantial property right of the applicant. Response: A garage is certainly a reasonable expectation to a home owner for its utility and usefulness inaddition to the protection it affords to vehicle(s). 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: It will not have any such effect. 12. The granting of such variance will not merely serve as a convenience to the applicant, but isnecessary to alleviate demonstrable difficulty. Response: A garage is essential for the protection of property and the limiting of the inconvenience brought on by extreme weather (storms, hail, snow, etc.) From:KEVAN NITZBERG Owner To:Laura Oakden Subject:RE: Information needed for Variance Request Date:Friday, July 27, 2018 11:33:39 AM Hi Laura, I guess I assumed the narrative was already included in the information I provided that was typed in the question boxes I responded to. However if that needs to be separate, here is the rationale for why not having a garage has been a hardship. Inclement weather (which seems to be on the rise), possible damage to vehicles as well as factoring in our ages (my wife and I are both in our 60s), have made the 5 yeara we have been living at 1212 Briar Street unnecessarily difficult. A garage would certainly be helpful in being able to get out to go to work in a timely fashion (I need to leave for work at 6 AM) particularly in the winter, and my wife also needs to be able to get going after I am gone. There also is additional security provided by having a garage for locking up belongings not suitable for having in the house when we are gone on vacation in addition to being able to store and access things not suitable for having in the house such as outdoor equipment/ tools, etc. I hope that provides sufficient reasons for our needing to have a garage. Thanks again for your help, Kevan ----- Original Message ----- From: Laura Oakden <loakden@ci.orono.mn.us> To: KEVAN NITZBERG Owner <knitzberg999@centurylink.net> Sent: Fri, 27 Jul 2018 09:17:38 -0400 (EDT) Subject: RE: Information needed for Variance Request Hello Kevan, Sounds good. Thank you for your quick response. I will watch for an email from you for the house height. Also, please submit a project narrative summarizing what you are looking to do and why. Thanks! Laura Oakden Planner City of Orono Direct 952.249.4602 2750 Kelley Parkway, Orono, MN 55356 www.ci.orono.mn.us Summer Office Hours: Monday-Thursday: 7:30 am to 5:00 pm Fridays: 7:30 am to 11:30 am All Permitting is done through our new online portal LINK! -----Original Message----- From: KEVAN NITZBERG Owner [mailto:knitzberg999@centurylink.net] Sent: Thursday, July 26, 2018 11:33 PM To: Laura Oakden <loakden@ci.orono.mn.us> Subject: Re: Information needed for Variance Request Go again, I will send you the height of the house when we are back in town. We are returning this weekend. Kevan ----- Original Message ----- From: Laura Oakden <loakden@ci.orono.mn.us> To: knitzberg999@centurylink.net Sent: Thu, 26 Jul 2018 09:28:14 -0400 (EDT) Subject: Information needed for Variance Request Hello Kevin, I am working with Melanie and I will be handling your variance application for your detached garage. I am looking for a little bit more information for you application. I have attached a letter that outlines all the items that I need. Please feel free to give me a call. I would be happy to answer any questions. Thank you Laura Oakden Planner City of Orono Direct 952.249.4602 2750 Kelley Parkway, Orono, MN 55356 www.ci.orono.mn.us<http://www.ci.orono.mn.us/> Summer Office Hours: Monday-Thursday: 7:30 am to 5:00 pm Fridays: 7:30 am to 11:30 am All Permitting is done through our new online portal LINK<https://www2.citizenserve.com/orono>!