09-17-2018 Planning Commission Packet

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Letter View PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA18-000075 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: N/A 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The circumstances are unique to the property and would be in place regardless of the landowner. 3. The variance, if granted, will not alter the essential character of the locality. Response: If granted, the variance will enhance the character of the locality as the height of the fence to be installed around the property will be uniform. If the variance is not granted, the fence heights will not be uniform, creating an obvious and irregular aesthetic easily visible by the public and the owner. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: N/A S. 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 1167.06, Subd. 2, when in harmony with this Chapter. Response: The current requirements create a practical difficulty to best secure the property. A shortened fencing section creates both an elevated security exposure by intruders, as well as a perceived ease of access for exit by children and jumping capable pets, both of which reside on the property. 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: N/A 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: Because this property is situated along County Road 51, up to a 6 foot fence height is permitted along the part of the property bordering the road. The western and southern setback fence height limitations then become out of the ordinary as it would require a very small part of the fence to be at a shortened height. To maintain a common and more pleasant aesthetic, the variance as requested should be granted so that a continuous and uniform fence height is present. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. file:///C1Userslloakden/Downloads/Practical%20Difficulties%20Documentation%20Form%20(3).htm[9/13/2018 2:14:47 PM]