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PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br /> L419-000007 <br /> 1. The property owner proposes to use the property in a reasonable manner not permitted by the <br /> Zoning Chapter. <br /> Response: The property owner proposes to use the property in a reasonable manner by building above an existing <br /> wall that lies beyond the rear yard setback. Also, the expansion of the rear patio will extend to an existing set of <br /> rock steps and stay in context with the overall existing footprint & proposed rear design. <br /> 2. The plight of the landowner is due to circumstances unique to his property not created by the <br /> landowner. <br /> Response: The plight of the landowners circumstances are unique to them and not created by them, because the <br /> existing house is already over the rear yard setback. <br /> 3. The variance, if granted, will not alter the essential character of the locality. <br /> Response: The variance, if granted, will not alter the essential character of the locality and will in fact add a <br /> wonderful new faA?????A????A???A??A?A§ades to the lakeside and streetscape of the property. <br /> 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the <br /> property exists under the terms of the Zoning Chapter. <br /> Response: The reasons for our variance are not of economic considerations alone, but of practical and reasonable <br /> building concerns. <br /> 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar <br /> energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota <br /> Statutes, Section 1163.06, Subd. 2, when in harmony with this Chapter. <br /> Response: N/A <br /> 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is <br /> not allowed under this Chapter for property in the zone where the affected person's land is located. <br /> Response: N/A <br /> 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two- <br /> family dwelling. <br /> Response: N/A <br /> 8. The special conditions applying to the structure or land in question are peculiar to such property or <br /> immediately adjoining property. <br /> Response: The special conditions applying to the structure and land is that the existing walls the proposed building <br /> is to be built upon lie beyond the new rear yard setbacks. <br /> 9. The conditions do not apply generally to other land or structures in the district in which said land is <br /> located. <br /> Response: The conditions do not apply to generally to any other land that does not have a structure built beyond <br /> the setback lines. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br /> property right of the applicant. <br />