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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 />