HomeMy WebLinkAboutLA16-000016 (1370 Cherry Pl) Va Exhibit B practical difficultiesLetter View
Practical Difficulties Documentation Form (4).htm[3/19/2018 3:39:36 PM]
PRACTICAL DIFFICULTIES DOCUMENTATION FORM
LA18-000016
1. The property owner proposes to use the property in a reasonable manner not permitted bythe Zoning Chapter.
Response: Conditions vary from site to site, but there are steeper lake shore slopes on many properties
that require steps and walls to provide useable steps to the lake. With the desire to make the step safer and
more usable for older and younger residence lower step height is required. This requires a few more stepsand possible a little more wall. The end result is that it may slightly increase the hard surface in the 0-75 ftarea of the property.
2. The plight of the landowner is due to circumstances unique to his property not created by thelandowner.
Response: Yes, the natural grade is steep and that means it will require walls supporting the step slabs.
3. The variance, if granted, will not alter the essential character of the locality.
Response: Yes, The new steps are winding down the slope and will be well planted to minimize the view of
steps on the hill.
4. Economic considerations alone do not constitute practical difficulties if reasonable use forthe property exists under the terms of the Zoning Chapter.
Response: True, the owner has chosen a more expensive solution to improve the look, function anddurability of the area.
5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight forsolar energy systems. Variances shall be granted for earth sheltered construction as defined inMinnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter.
Response: Not Applicable
6. The Board of Appeals and Adjustments or the Council may not permit as a variance any usethat is not allowed under this Chapter for property in the zone where the affected person's landis located.
Response: True, the only reason for this Variance is because there is a need to add some hard surface toaccommodate step slabs to be places on the upper or lower side to retain the bank.
7. The Board or Council may permit as a variance the temporary use of a one-family dwelling asa two-family dwelling.
Response: Not Applicable
8. The special conditions applying to the structure or land in question are peculiar to suchproperty or immediately adjoining property.
Response: True, generally people need to create access to the lake and it requires some addition of hard
surface to construct the stairs.
9. The conditions do not apply generally to other land or structures in the district in which saidland is located.
Letter View
Practical Difficulties Documentation Form (4).htm[3/19/2018 3:39:36 PM]
Response: When similar aging and change occurs on other projects of this "scope" the conditions for extrahard cover may apply. The procedure of access improvement will likely require the addition of some hardsurface.
10. The granting of the application is necessary for the preservation and enjoyment of asubstantial property right of the applicant.
Response: True, generally people need to create access to the lake and it requires some addition of hardsurface to construct the stairs.
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: It certainly will not.
12. The granting of such variance will not merely serve as a convenience to the applicant, but isnecessary to alleviate demonstrable difficulty.
Response: This project will enhance the beauty of the shoreland for winter and summer a like. It also will
protect the bank from possible erosion thereby protecting the water quality of Lake Minnetonka.