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01-17-2023 Planning Commission Packet
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01-17-2023 Planning Commission Packet
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PC Exhibit B
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12/27/22, 11:44 AM Permit List | Citizenserve <br />https://www7.citizenserve.com/Admin/PermitController?Action=ListPermits&WorkOrder_ID=86343137&ciDisplay=null&getPrint=true 1/2 <br />PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br />LA22-000065 <br />1. The property owner proposes to use the property in a reasonable manner not <br />permitted by the Zoning Chapter. <br />Response: The request to permit the variance for an ADU is reasonable to continue the historical use <br />of the house which already exists as a permanent residence and was originally a part of the existing <br />property. <br />2. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />Response: The approval of the variance will eliminate nonconforming properties, eliminate the <br />average lakeshore setback inconsistency, as well as eliminating a troubled dock permit and in the <br />process eliminating the driveway easement for the Abbott's. <br />The total land area will not meet the one-acre requirement. <br />Recently, the city sewer and water were required to be updated to allow for the sale of the property. <br />3. The variance, if granted, will not alter the essential character of the locality. <br />Response: The variance is requested in order to combine the property and eliminate the items <br />mentioned previously such as the driveway easement, the nonconforming properties, and eliminating <br />the average lakeshore setback inconsistency. The character and quality of the ADU will remain the <br />same and historical use will remain the same. <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: Economic considerations have not been a factor in the variance approval determination. <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 116J.06, Subd. 2, when in harmony with this <br />Chapter. <br />Response: N/A <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: This condition is not applicable, as the use for an ADU is an allowed use in the LR-1C <br />district. <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
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