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HomeMy WebLinkAboutLA20-000058 (2697 Casco Pt Rd) Ex B Pract DiffPRACTICAL DIFFICULTIES DOCUMENTATION FORM LA20-000058 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: By this variance request, we are asking to be allowed to provide a minimally normal access functionality to our property. With one of our primary considerations being the safety of those attempting to have vehicle access to our property. To accomplish this we are asking for the addition of a hardcover area that would reasonably accommodate a turnaround option for vehicles exiting the property. The reason being that the current minimum standard driveway does not provide for this and poses multiple safety and practicality issues. One of those issues is that of requiring vehicles to exit in reverse back up mode, going up a steep curved, narrow driveway directly onto the very busy Casco Point Road. Further complicating the exit is at the point of road entry there are blind spots created by the curvature of the road and adjacent property trees and foliage. There are additional negative impacts on the property created by the lack of a turnaround space, which are identified in this application. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The 100 year old lot is narrow, long and fairly steep with the house set in the lower flat valley point of the lot. The main road is accessible via a long narrow, curved driveway. The driveway is such in order to comply with the current hardcover requirements. The driveway utilizes almost as much hardcover as the house as noted in the hardcover calculation worksheet. The historical hardcover requirements were based on a tiered system which included criteria that took into account the length of the lot. This obsolete system was designed to accommodate and thus prevent the hardcover hardship that we have incurred by such a lot as ours. The functionality of the lot is severely compromised under the current hardcover requirements, as a major portion of all the hardcover must be used solely for driveway access to the main road due to the length of the lot. 3. The variance, if granted, will not alter the essential character of the locality. Response: If granted, the variance request would resolve the issues identified but would not change in any way the 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. Response: Not applicable 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 lack of a hardcover turnaround presents another burden in terms of snow removal. The most effective and available means for snow removal for a driveway the length of ours is to use a plow service. However, we have been unable to find a plow service that could/would do the work because of the maneuverability constraints on the driveway. We are retirement age, and given the long length of the driveway leaves us in a quandary as to how we would be able to age in place in our home or be able to exit our home in the winter months without the requested turnaround area. We also have concern, that should we or anyone in our home, require an emergency response, would those responders be able to quickly and expeditiously exit the property. The maneuverability difficulties incurred by those who use the driveway, has also caused tree loss and landscape damage as seen in the pictures included in this application. The feedback from visitors who have experienced the many hardships related to our driveway say they do not to come back or use it again. 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: Not applicable 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: Not applicable 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The driveway required on our type and size of lot does present some unique conditions as it is or may be proportionately the longest driveway in the area. The neighbor to the south does have a comparable lot configuration which includes a long driveway. This neighbor does have a hardcover turnaround similar to what we are requesting. The many issues we are encountering because of the lack of a turnaround were alleviated for the neighbor with a hardcover turnaround. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: Not applicable 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The current driveway limitations, ongoing and seasonal, do not allow for safe, reasonable use of the property. Granting the requested variance, is the minimum means to make the property functional. The current conditions are definitely stressful, anxiety producing and can cause damage. The request we are making is unrelated to any level of enjoyment but rather would make the property safe, useable and livable. 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 granting of the request will not in any way impair health, safety or comfort, on the contrary, it is being requested for the purpose of improving safety and increasing the comfort and ease in which the property can be utilized. It may also be considered, that the variance approval, by mitigating some of the issues identified in the application, would contribute to the well being of all those who visit the property. The impact is a positive one. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: The burdens and difficulties caused by the lack of a hardcover turnaround presented in this application, represent a true hardship to the property owners. The current conditions do not allow for the safe, reasonable use of the property. Not all who enter the property have the driving skills to navigate and accomplish a reverse exit from the property. Even those able to maneuver a reverse exit still have to enter a very busy road with double blind spots. The practical difficulties that arise are beyond inconvenience, they leave the property at times inaccessible and in a dangerous condition. Alternatives such as street parking are fraught with additional safety and access concerns. Given the age and mobility concerns of many of our visitors, a turnaround is the best option for suitable entry and exit access to our property. We invite all to visit the property to see and experience first hand the concerns we have presented in this application. We respectfully request that our variance application for a hardcover turnaround be approved to provide for the safety, basic functionality and prevention of damage to our property.