08-15-2022 Planning Commission Packet

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PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA22-000040 410 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The property owner plans to use the property as he does today, however, must address the safety concern of failing walls and steps in order to do so. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The failing materials were already installed on the property when the homeowner purchased it. 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: The consideration in this situation is one of safety, not economic. S5. 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: NA 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 that the variance will allow is the same use that is in existence today, just with improved materials and addressing the safety concern. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: NA 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. ask Response: The issue is unique to the property in question. 9. The conditions do not apply generally to other land or structures in the district in which said land is located.