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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 1163.06, Subd. 2, when in harmony with this <br /> Chapter. <br /> Response: The practical difficulties in complying with the zoning code for the property are the <br /> significant topography across the site (especially the topography from the street to the house), the <br /> shorter depth of the property relative to neighboring properties, as well as the existing structures on <br /> the property. The location of the garage on the property coincides with the natural topography of the <br /> site and allows for the reduction in hardcover as well as the need for significant retaining walls and <br /> earthwork to serve the garage. The topographic change across the front of the site prohibits locating <br /> the garage at the house level as the resulting driveway would be too steep to safely navigate. <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: N/A <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 <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. <br /> Response: The significant topography across the site (specifically along the road) as well as the <br /> shorter depth and existing structures create a limited area for the placement/construction of the <br /> detached garage. While many properties along Tonkawa Road experience similar topography changes, <br /> the property in question (and the immediately adjoining properties) are at most narrow point between <br /> Tonkawa Road and the bay along this stretch. This creates a situation that is unique to the property. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> said land is located. <br /> Response: As noted previously, while other properties along Tonkawa Road have similar topography <br /> challenges, many of the other properties have much greater depths that allow for the topography to <br /> be alleviated without the need for a variance. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. <br /> Response: The homeowners consciously decided to only add enough size/square footage to the <br /> property to reasonably enjoy the home. They considered much grander ideas, including a complete <br /> new build, at the onset of the project, but elected to keep with a renovation to better fit with the <br /> neighboring properties. The variances in question allow for the property to be enjoyed in a safe and <br /> reasonable manner by the homeowner. By adding a half-story to the structure and not moving the <br /> structure closer to the lake, the homeowners are attempting to be respectful of the neighboring <br /> properties. Additionally, by placing the garage along the street, the homeowners are being consistent <br />