HomeMy WebLinkAbout17-3965 Gutermuth (2665 Casco Pt Rd) Ex BPRACTICAL DIFFICULTIES DOCUMENTATION FORM
This form is a required submittal for ALL variance applications. An application will not be considered
complete or placed on any meeting agendas until this form is complete and submitted to the City.
Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in
order for a variance to be granted. The difficulties must be unique to the property as variances run with the land
and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order
for an application to be heard by the Planning Commission and City Council practical difficulties having merit must
be demonstrated.
FLOW DO I PROVE A PRACTICAL DIFFICULTY?
This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the
variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed
below and answer them as clearly as possible.
Since you are requesting the code exception, you have the burden of proving that the variance is justified.
The information the City receives is what is used in determining a denial or approval recommendation. If you leave
something out it will not be considered.
Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply,
write N/A in the space provided.
1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter."
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2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner."
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3. "The variance, if granted, will not alter the essential character of the locality."
4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists
under the terms of the Zoning Chapter."
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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." QIA
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."
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RECEIVED
Variance Application — January 2017 AUG 23 2017
Page 7 # 3965
CITY OF ORONO
"The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family
dwelling." rU 1 )!*
8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately
adjoining property."
9. "The conditions do not apply generally to other land or structures in the district in which said land is located."
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10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right
of the applicant."
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."
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12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to
alleviate demonstrable difficulty." -7-R.AA-C
Practical Difficulties Statement
Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical
difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional
sheets if necessary):
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RE':CEIVE1—
Variance Application - January 2017 AUG
2 3 1 � i
Page 8 UL
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9 ,5? CITY OF ORONO
Dear Council,
We currently own and reside at 2665 Casco Point Road. We are hoping to demolish our existing home
and rebuild a new home on this site. Our current hardcover percentage is 40.88%. If we were allowed
to move forward with this project our new hardcover percentage would be 26.33%. While this is
significantly lower than our current hardcover we recognize that this is still exceeding the standard 25%
allowed in the city code.
We have designed a house and site plan that would keep us at or below 25% hardcover if we did not
need to rectify current erosion issues to our property.
About 2 years ago the neighbor adjacent to us on the south, 2677 Casco Point Rd, had significant re-
grading done to the lakeside portion of their yard. This project was approved by the city. The result of
this regrading is that we now have much more significant storm water runoff spilling into our property
from their property. This run-off has eroded the root system of at least one of our trees at the base of
the hill. This run-off has also caused a great amount of silt build-up at the base of our hill as well. Some
of this silt has and will continue to spill into the lake. Additionally, because of the erosion it is no longer
safe to walk down the hill.
Due to this issue, we would request a variance for the purpose of eliminating the erosion and protecting
our land and the lake quality. The best method for achieving this result is a retaining wall system and
added steps that accompany the retaining wall system. This adds 2 hardships for us - a greatly increased
expense and extra hardcover that we would have preferred to avoid.
We are asking for a variance approval at a much greater cost to us in order to ensure better water
quality and to rectify the issues caused by the landscaping previously done at 2677 Casco Point Road.
Respectfully submitted,
David & Lynn Gutermuth
RECEIVED
AUG 2 3 2017
39 65; CITY OF ORONO