08-19-2019 Planning Commission Packet

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Letter View PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA19-000056 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Yes, I'm just enclosing an existing deck that was approved two years ago. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: Yes. This is a small lot that exist in where roughly 80% of land is in a variance restricted area. 3. The variance, if granted, will not alter the essential character of the locality. Response: No 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: This is not an economic decision. 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 116106, Subd. 2, when in harmony with this Chapter. Response: This is not a solar build 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: Understood 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: This will remain a single family dwelling. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: No 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: No 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: Yes 11. The granting of the proposed variance will not in any way impair health, safety, comfort, file:///or-mail/...%20thru/LA19-000056%20(140%20Leaf%20Street)%20Variance/Practical%20Diffieulties%20Documentation%20Form.htm[8/15/2019 4:52:49 PM]