09-16-2019 Planning Commission Packet

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Letter View PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA19-000072 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Because our only residential neighbor is set back way off of the lake with only a narrow access pathway adjacent to our property, our whole property that has been in place since the early 1970's is beyond the average set back rule. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The circumstance is unique due to the fact that our one adjacent neighbor is further back from the lake and directly behind our property on the North side of the Forest Lake Dr culdesac. We are including and email letter from the homeowners acknowledging our plans and that they are in favor of the changes. 3. The variance, if granted, will not alter the essential character of the locality. Response: We believe that the variance would allow us to improve the character of the locality as the condition of property that has been in need of repair and in poor condition for numerous years. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Per our understanding this is not an Economic consideration as we are simply trying to restore the condition of the home to fit in harmony of the majority of the neighborhood and community. 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: The use is solely to restore the home to its originally intended condition. 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: It is only peculiar to our property because the adjoining property is set back over 400 ft off of lake. Which would be considered an exception for the majority of properties with lake shore on Forest Lake bay. 9. The conditions do not apply generally to other land or structures in the district in which sail land is located. file:///or-mail/...9-000072%20(4265%20Forest%20Lake%20Drive)%20Variance/Practical%20Difficulties%20Documentation%20Form.htm[9/12/2019 11:30:50 AM]