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HomeMy WebLinkAboutPract DiffPRACTICAL DIFFICULTIES DOCUMENTATION FORM LA22-000035 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The proposed project is a reasonable use of the property: The proposed single-family home is a reasonable use of the LR-1C zoned property. Since the lot area is 8,929 square feet less than what is required in the LR-1C zone, it is reasonable that the property owners would request a hardcover and structural cover variance. It is reasonable that the property owner?s want to re-build the existing boathouse with the same footprint, requiring a tiny corner of the boathouse to remain on the adjoining property at 2649 Casco Point Rd. The adjoining neighbors at 2649 Casco Point Rd. also agree that this is reasonable. I believe they may have reached out to Melanie directly to convey that they are in agreeance. The existing boathouse has a settling and failing foundation. Granting of the hardcover and structural cover is reasonable when working with a substandard lot. The minimum lot area for the LR-1C zone is 21,780 square feet, or .5 acres. This property is 12,851 square feet. If the lot was a standard size for the zone, we would be able to have up to 5,445 square feet of hardcover and 4,356 square feet of structural coverage. Our proposed numbers are well under these. (3,929 HC / 2,785 SC) 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The variance request is due to circumstances unique to the property, not created by the landowner: The practical difficulty in complying with the hardcover and structural cover regulations is directly due to the size and width of the existing lot. The practical difficulty in complying with the hardcover and structural cover regulations is also due to the fact that there is an existing boathouse on the property that the property owners did not create, but would like to re-build. The practical difficulty in complying with re-building the existing boathouse completely on the owner?s property is due to the fact that a very small corner of the existing boathouse is on the adjacent property. These site conditions are specific and unique to this site and were not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. Response: The variance will not alter the essential character of the locality: Granting of the variances of the proposed new dwelling and boathouse will enhance and improve the essential character of the locality. It will replace an old, dilapidated house and boathouse. The boathouse will be re-built to the exact same massing as the original, keeping its integrity in place. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the 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 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: 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. 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 special conditions are peculiar to such a property or immediately adjoining property: As it is not uncommon on for boathouses to be different shapes and sizes, it is peculiar for a small corner of a boathouse to be on the adjoining pr operty. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: N/A 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: N/A 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: Granting of the variances will not impair health, safety, comfort, morals, or be contrary to the intent of the zoning code: Granting of the variances will improve the safety and enjoyment on the property, as it will replace an older deteriorating home as well as unsafe existing landscaping and pavers. Granting of the variances will also naturally allow more parking on the owner?s property, as opposed to on Casco Point Road, a busy thoroughfare, which increases the safety of residents in the area. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: Granting of the variances will not serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty: Granting of the hardcover and structural cover is necessary to alleviate the difficulty in working with a substandard lot. The minimum lot area for the LR-1C zone is 21,780 square feet, or .5 acres. This property is 12,851 square feet. If the lot was a standard size for the zone, we would be able to have up to 5,445 square feet of hardcover and 4,356 square feet of structural coverage. Our proposed numbers are well under these. (3,929 HC / 2,785 SC) Granting of the structural cover is necessary to alleviate the difficulty in working with a lot that has an existing boathouse on it. The boathouse alone is 267 square feet. The property owners did not build or create this boathouse. Assuming the boathouse was not already existing on the property, the property owners would be under the 20% structural coverage requirement.