03-18-2019 Planning Commission Packet

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PRACTICAL DIFFICULTIES DOCUMENTATION FORM L419-000007 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The property owner proposes to use the property in a reasonable manner by building above an existing wall that lies beyond the rear yard setback. Also, the expansion of the rear patio will extend to an existing set of rock steps and stay in context with the overall existing footprint & proposed rear design. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The plight of the landowners circumstances are unique to them and not created by them, because the existing house is already over the rear yard setback. 3. The variance, if granted, will not alter the essential character of the locality. Response: The variance, if granted, will not alter the essential character of the locality and will in fact add a wonderful new faA?????A????A???A??A?A§ades to the lakeside and streetscape of the property. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: The reasons for our variance are not of economic considerations alone, but of practical and reasonable building concerns. 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 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 8. 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 structure and land is that the existing walls the proposed building is to be built upon lie beyond the new rear yard setbacks. 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 not apply to generally to any other land that does not have a structure built beyond the setback lines. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.