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9/13/23, 2:11 PM <br />Permit Details I Citizenserve <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 1167.06, 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: 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 creek flowing into Stubb's Bay curves and meanders along thru the applicant's back <br />yard and the back yards of 3403 and 3405 East Lake Street but then curves and flows in a manner <br />that is does not directly flow through the back yards thus not affecting several of the other properties <br />on the South side of East Lake Street. <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: Other land / properties within the district are larger in size than the applicant's property. <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 applicant has owned the property for 27 years - living off-site for 1 year during the <br />construction of the current home between November 2004 thru November 2005. Throughout the 26 <br />years the applicant has resided on this property she has not had any outdoor living space for seating <br />and/or dining and has only spent time in the yard when either mowing the lawn or maintaining the <br />planting beds. By granting the requested variances, the applicant/homeowner will be able to enjoy the <br />entire property - especially during the extremely short Minnesota Summer months. The applicant <br />works two jobs - her full-time position is working in an office setting with little to no access to the <br />outdoors throughout the day/ workweek. The applicant's second job is working evenings and <br />weekends out of the home at a desk, in front of a computer. Outdoor living space will allow for <br />connecting to the computer while sitting on/working from the deck and enjoying the back yard and <br />weather, not being stuck inside the home. <br />11. The granting of the proposed variance will not in any way impair health, safety, <br />comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. <br />Response: By granting the requested/proposed variances and allowing the applicant to construct an <br />https://www5.citizenserve.com/Admin/PerrnitController?Action=DisplayPermitDetaiI&SelectedTab=Permits&Permit_ID=12203161 &WorkOrder_ID=876... 2/3 <br />