HomeMy WebLinkAboutPractical Difficulties Documentation FormPRACTICAL DIFFICULTIES DOCUMENTATION FORM
LA20-000042
1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning
Chapter.
Response: Our original two story structure was built in 1924 with full height, unfinished basement where major utilities are
located. Access from within the house to their basement should be retained.
The homeowner is requesting to extend the plane of existing exterior wall only to create accessible stairway to existing lower
level. The garage portion of the addition will conform to current side setback.
2. The plight of the landowner is due to circumstances unique to his property not created by the landowner.
Response: The homeowner was not aware that his current structure was/is non-confirming. We have designed the proposed
plan to minimize space added in setback space (stairway to basement) in addition has not made encroachment on setback
greater than current house line relative to lot line.
3. The variance, if granted, will not alter the essential character of the locality.
Response: Our property is quite narrow. The variance will allow us to retain the existing character and appearance of the
home. A deviation to addition layout would adversely effect how roof lines work therefore hurting the "essential character" of
this home.
4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists
under the terms of the Zoning Chapter.
Response: Due to how house was constructed, the current stairways / multiple levels do not allow one to "age in place". This
remodel will provide that.
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: This remodel will provide this Owner to stay in their home and are currently restricted from doing so due to their
narrow lot. Granting this variance will help them and generations to come help use / enjoy this house. Without this, owners will
need to look for other solutions, meaning this would be a tear-down. Helping people re-use and stay in their homes is at the
core to Sustainable Building Principals and ways of life.
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: Our original two story structure was built in 1924 with full height, unfinished basement where major utilities are
located. Access from within the house to their basement should be retained.
The homeowner is requesting to extend the plane of existing exterior wall only to create accessible stairway to existing lower
level. The garage portion of the addition will conform to current side setback.
7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family
dwelling.
Response: NA
8. The special conditions applying to the structure or land in question are peculiar to such property or
immediately adjoining property.
Response: Narrow lot with current setbacks mean this existing structure is non-conforming. The owner did not build the house.
9. The conditions do not apply generally to other land or structures in the district in which said land is located.
Response: The preexisting non-conformity of structure was due to a change in zoning rules that pre-dates this owner.
10. The granting of the application is necessary for the preservation and enjoyment of a substantial property
right of the applicant.
Response: The combined structure has three outside entrances, each requiring three or four steps up to the main floor. We
have lived in this home for over 20 years. The addition of the attached garage with garage floor at the same grade as the main
floor is necessary to allow us to age in place with a one level, main floor living space, accessible without any stair steps.
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: Correct. To further that point, by approving this variance, the city will be promoting Stay at Home and Universal
Design pricinples. That of which will allow this owner to stay in the home along with allowing future owners to Universally use it
for typical enjoyment.
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 combined structure has three outside entrances, each requiring three or four steps up to the main floor. We
have lived in this home for over 20 years. The addition of the attached garage with garage floor at the same grade as the main
floor is necessary to allow us to age in place with a one level, main floor living space, accessible without any stair steps.