Laserfiche WebLink
PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br /> LA19-000105 <br /> 1. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the Zoning Chapter. <br /> Response: Not applicable. The Zoning Chapter allows the proposed use. <br /> 2. The plight of the landowner is due to circumstances unique to his property not <br /> created by the landowner. <br /> Response: See response to #8 below. <br /> 3. The variance, if granted, will not alter the essential character of the locality. <br /> Response: The variance will not alter the essential character of the locality. <br /> 4. Economic considerations alone do not constitute practical difficulties if reasonable <br /> use for the property exists under the terms of the Zoning Chapter. <br /> Response: Not applicable. <br /> 5. Practical difficulties include, but are not limited to, inadequate access to direct <br /> sunlight for solar energy systems. Variances shall be granted for earth sheltered <br /> construction as defined in Minnesota Statutes, Section 116106, Subd. 2, when in <br /> harmony with this Chapter. <br /> Response: Not applicable <br /> 6. The Board of Appeals and Adjustments or the Council may not permit as a variance <br /> any use that is not allowed under this Chapter for property in the zone where the <br /> affected person's land is located. <br /> Response: The proposal includes a permitted use as allowed by the Zoning Code. <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: Not applicable. <br /> 8. The special conditions applying to the structure or land in question are peculiar to <br /> such property or immediately adjoining property. <br /> Response: The Zoning Chapter allows the in-kind re-development of an existing non-conforming <br /> structure within the 75-foot lake setback. The proposal to re-develop the existing structure within <br /> the lake setback includes expanding the height of the re-built structure to meet the Minnehaha <br /> Creek Watershed District?s (MCWD) Stormwater Management Rule of providing at least two <br /> vertical feet of separation between low openings in the structure and the 100-year high water <br /> elevations of stormwater BMPs and waterbodies. The existing finish floor elevation of the non- <br />