06-27-16-R - Laserfiche WebLink

Home Browse Search

1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: The property where we propose building the deck would only allow an unusably small 3-season porch and greatly limited deck if used under the conditions allowed by the zoning code due to the proximity of the home to the property set back. We are also limited on locations to place the deck and porch due to restriction from the neighbor to the North and the Pond to the South. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner: Due to the large pond to the south of the home Pulte Homes set the home nearly 90' from the front property line thus creating the situation where the rear of the home is too close to the rear set back. Prior to building we requested from Pulte homes to move the home closer to the Front Property line but they refused. 3. The deviation from the ordinance with any attached conditions will still be in keeping with the spirit and intent of the ordinance: It is our belief that this variance is well within the spirit of the zoning code. It is my understanding from my discussion with Arden Hills Senior Planner Matthew Bachler that the spirit of the Zoning Code is to protect the adjacent neighbors from obstruction of view, encroachment of property and other"unsightliness" resulting from such building projects. I have taken the liberty to take photographs of the three closest neighbors (closest neighbor to the North, East and South) who would have the greatest impacted by this building project. The photos show two different perspectives; the first is a direct line of sight from the proposed deck to the neighbor's house and the other is from the neighbor's home with direct line of site toward the proposed deck. (Please see attached photos). When viewing these photographs you can see that the direct line of sight from the neighbor to the North is completely obstructed from the Northern face of our home (since the proposed deck is on the South Eastern section of the home). The neighbor directly to the South is nearly 200 yards away from the proposed deck with trees and other vegetation to buffer the view. The Neighbor to the East is roughly 35 yards (115 feet) from the proposed deck with trees and other vegetation buffering the view along with the fact that this neighbor's main viewing is to the North and South,not to the West toward the proposed deck. 4. The variance will not create a land use not permitted in the zone: This area is zoned from a 3-season porch and deck. 5. The variance will not alter the essential character of the City: It is also our belief that this variance is within the character of the neighborhood. Of the 39 homes in the Fox Ridge Neighborhood well over half of the homes have decks both with and without 3-season porches. Of the three closets neighbors discussed previously all three have decks currently. 6. The variance is notfor economical reasons alone: The reason for the variance is to increase the comfort, usability and functionality of our home,no economic benefits.