05-21-2018 Planning Commission Packet

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PRACTICAL DIFFICULTIES DOCUMENTATION FORM LAIR -000039 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The owner intends to use the property as a residence, building a modest -sized home on the undersized lot meeting property setback requirements. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The hardship in general is common in the area and not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. Response: The variance will allow the landowner to remain consistent with the character of the locality. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Economics is not a factor or consideration. S. 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 1163.06, Subd. 2, when in harmony with this Chapter. Response: N/A 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: N/A 7. The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. Response:N/A S. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The special conditions applying to the property are similar to those of other properties in the neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: The conditions do apply generally to other properties in the vicinity. 30. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The property rights of the owner would be diminished if the variance is not granted. 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: The granting of this variance will not in any way impair health, safety, comfort, or morals, and not be contrary to the intent of the zoning codes. 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 granting of the variance will alleviate a practical difficulty by allowing the property to be developed as other similar -sized lots in the neighborhood.