PC PACKET 092321 - Laserfiche WebLink

Home

Lakeview Family Dentistry 14475 Forest Blvd IN, Hugo, MN Land Use Application — Variance Request Findings September 3, 2021 VARIANCE FROM EGG LAKE ORDINARY HIGH WATER (OHW) SETBACK The existing Lakeview Family Dentistry facility is located adjacent to Egg Lake and therefore is located in the shoreland district. Egg Lake has a shoreland classification of Recreational Development (RD) with a required setback of 100-ft from the OHW elevation. Per Minnesota Department of Natural Resources, the OHW for Egg Lake is 926.66 on NAVD88 datum (926.50 on NVGD29 datum). A variance is requested from the 100-ft setback from the OHW elevation for the proposed building addition. The requested variance proposes a 61.4-ft setback from the OHW at the northeast corner of the addition and a 73.2-ft setback from the OHW at the southeast corner of the addition. The requested variance meets the required findings as follows: (1) Law. The variance as requested is permissible by law. The requested variance is permissible by law. (2) Practical difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term 'Practical Difficulties" as used in the granting of a variance means: a. Reasonable use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; The property owner proposes to use the property in a reasonable manner consistent with the permitted use within the zoning ordinance and in continuation of services currently offered by the business. b. Unique circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The property has unique circumstances including a deep and narrow lot abutting a lake with the existing building structure being located at the back of the lot. The property owners have exhausted all other available options to avoid an encroachment, including attempts to acquire adjacent properties to the north and south. The property owners have also spent extensive time pursuing alternative options, including different properties, to avoid a variance request. Due to parking requirements and the limitations of a narrow, angular lot, the best feasible expansion option to meet the needs of increased business demand is to expand to the north and east/west which subsequently encroaches into the 100-ft setback. The proposed building footprint prioritizes expanding to the west to the greatest extent possible and expands eastward only as required to meet minimum program requirement. The design proposal is one in which considerations have been made to best use the land with the least amount of encroachment, where a similar size addition completely to the east would have been preferred but is not practical given the constraints noted above. Once built, there will be no viable future opportunity to expand construction to the east. C. Character of neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. Lakeview Family Dentistry Variance Required Findings, Page 1 of 2