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PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br />LA23-000023 <br />1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. <br />Response: Yes. This work is being done to save an large tree <br />2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. <br />Response: Yes. This was an issue that was caused before the current homeowner bought the property. Debris had been dumped in the area for years and the contributed to wall failure <br />3. The variance, if granted, will not alter the essential character of the locality. <br />Response: No. There was an existing wall prior to this request <br />4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. <br />Response: No. This I primarily about saving a tree <br />S. 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 <br />defined in Minnesota Statutes, Section 1163.06, Subd. 2, when in harmony with this Chapter. <br />Response:N/A <br />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 <br />person's land is located. <br />Response: The only goal of this project is to preserve a tree <br />7. The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. <br />Response:N/A <br />B. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. <br />Response: This particular project exists only to save the tree. This project is near the shoreline, however, this area will not be affected <br />9. The conditions do not apply generally to other land or structures in the district in which said land is located. <br />Response: N/A <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. <br />Response: Yes. Primarily to save an existing tree <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. <br />Response:No <br />12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. <br />Response: Yes. This will save a tree <br />