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PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br /> LA19-000028 <br /> 1. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the Zoning Chapter. <br /> Response: The property owner (Lake West) would like to propose a variance to deed the Outlot to <br /> the adjacent owner (Rusty Kocon). The new owner (Rusty Kocon) would be able to use their <br /> "principle" lot abutting the cove area to apply for a permanent dock similar to neighboring properties <br /> within the cove. Please note there was at one time already an existing dock for the previous owner of <br /> the property prior to Ivy Place final plat. <br /> 2. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> Response: The original intent was a re-plat from three lots to two, technically not a subdivision. <br /> During the submittal process, docks were drawn on concepts, denoted on plans to be relocated, and <br /> proposed on site/landscape plans. The landowner (buyer at the time) had assumed this would not be <br /> an issue as it was not brought up during the approval process. <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 as there are <br /> other permanent and temporary docks (approx. 17) within the cove. <br /> 4. Economic considerations alone do not constitute practical difficulties if reasonable use <br /> for the property exists under the terms of the Zoning Chapter. <br /> Response: N/A <br /> 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight <br /> for solar energy systems. Variances shall be granted for earth sheltered construction as <br /> defined in Minnesota Statutes, Section 116106, Subd. 2, when in harmony with this <br /> Chapter. <br /> Response: Vacated right-of-way for less development. Three lots to two (re-plat), not technically a <br /> subdivision (discussed over the phone). <br /> 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any <br /> use that is not allowed under this Chapter for property in the zone where the affected <br /> 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 <br /> dwelling as a two-family dwelling. <br /> Response: N/A <br />