07-18-2022 Planning Commission Packet

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Letter View [PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM !LA22-000038 LA22-000038 • 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The existing retaining wall is failing and a new wall is needed to prevent the hill from sliding into the lake. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The existing retaining wall is failing and a new wall is needed to prevent the hill from sliding into the lake. 3. The variance, if granted, will not alter the essential character of the locality. Response: Correct 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: agreed 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 116J.06, Subd. 2, when in harmony with this Chapter. • Response: The existing retaining wall is failing and a new wall is needed to prevent the hill from sliding into the lake. 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: ok 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: yes 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: yes 10. The granting of the application is necessary for the preservation and enjoyment of a 11111 substantial property right of the applicant. file:///C/Users/loakden/Downloads/Practical%20Difficulties%20Documentation%20Form%20(l8).htm[7/7/2022 7:18:39 AM]