02-21-2023 Planning Commission Packet

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PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA22-000068 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The contractor wishes to keep the as built retaining wall improvements in place which are residential in nature and reasonable from a residential scope of protecting the bluff and the lake. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The contractor has installed retaining wall improvements to protect against failure of the slope. The damage to the pre existing structures and resulting loss of bluff retention/ protection was not created by the landowner 3. The variance, if granted, will not alter the essential character of the locality. Response: There were pre existing retaining walls and other structures on the slope. The variance to permit the expanded retaining wall structure within the 75 -foot lake setback is necessary to maintain the integrity of the existing slope. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Economic considerations have not been a factor in the variance approval determination. 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 116106, Subd. 2, when in harmony with this Chapter. Response: This criteria is not applicable. 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: This criteria is not applicable. 7. The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. Response: This criteria is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The as -built retaining walls, steep bluff, pre as -built structures and the fire which destroyed them are uniquely specific to the property.