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HomeMy WebLinkAboutPract DiffPRACTICAL DIFFICULTIES DOCUMENTATION FORM LA22-000036 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The request to permit construction of a new attached garage addition and remodeling of an existing home with a lake side deck, with a 6.2 foot to 6.9 foot side setback on North side (where 7.5 feet is required), is reasonable, as the adjacent properties are not adversely impacted, and the property owner to the East supports the project and related variances. The reduced side yard setback is the result of the garage addition following/extending the footprint and setback of the existing home ? which provides for a simpler and more visually harmonious home. Mature vegetation and topography provide separation of the Property from adjacent neighbors. The height of the new garage portion of the home will be equal to or lower than the existing home to which i t is being connected. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The height of the existing home, the slope, the shape and size of the Property were not the result of actions by the Applicants. The nearest structures on the neighboring properties are offset and set back sufficiently to allow for light, air, and open space between each of the homes. 3. The variance, if granted, will not alter the essential character of the locality. Response: Neither the setbacks or height of the proposed new addition will alter the character of the neighborhood. The side yard setback of the proposed addition is a direct extension of the side of the existing home, and this slightly reduced side setback has the support of the affected neighbor. The setbacks and deck location within the average lakeshore setback is consistent with the small setback nature of the neighborhood. A significant portion of the deck (primarily on the West side) is at or near grade, and lakeshore setback of the deck when built will be well outside of the minimum lakeshore setback significantly larger than several nearby properties. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Economic considerations have not been a factor in the variance approval determination. 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 condition is not applicable. 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: This condition is not applicable, as the use for a residence is an allowed use in the LR-1B District. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: This condition is 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 topography, lot area, lot width, irregular average lakeshore setbacks, and the garage?s current detached location are special conditions unique to the Property. In particular removing the garage abutting the street will relieve congestion and parking pressure, and improve viewscapes, along the street 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: The topography, which drops off as you move toward the lake, the detached garage and congestion along the Right of Way, the ?walk up? basement and related topography, the narrow lot width and location of existing home being remodeled, the widely varying lakeshore setbacks of the homes nearby, as well as the nonconforming location of the garage on the lot make the Property unique. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: Hardcover and other considerations do not allow us to create a conforming connection to the existing garage on the Property. The defined hardcover, deck and setback variances for the garage demolition and rebuilding attached to remodeled house are necessary to preserve the rights of the applicants. 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 the requested variances for the home will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 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 lot width; the location of the existing garage, the varied lakeshore setbacks of homes nearby, as well as site topography, and congestion along the narrow right of way, create practical difficulties affecting the Property. The setback and other variances for the home are necessary and will not merely serve as a convenience to the Applicants.