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9/1/23, 10:23 AM Permit Details I Citizenserve <br />PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br />LA23-000047 <br />1. The property owner proposes to use the property in a reasonable manner not <br />permitted by the Zoning Chapter. <br />Response: It is reasonable, and preferable, to allow for the continued use of a property in the same <br />manner and location as it has been used. There is no other location on the property suitable or <br />available for development, and the proposed design maintains the existing patterns of the site. <br />2. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />Response: There are several limitations on the property which constitute practical difficulties. The <br />condition of the existing home, permitted setbacks, the topography, the location of the existing <br />vegetation, and the location of an existing septic system create a significantly limited buildable area. <br />These circumstances are beyond the control of the homeowner. The existing home itself is beyond <br />repair and is not conducive to being replaced in an exact manner. As per the septic designer, whose <br />letter you can find attached to this application, the existing septic system cannot be altered, and there <br />is no alternative location for it. Upon considering alternative locations for the pool deck relative to the <br />structure, no alternative position could be achieved due to the septic system requirements. <br />Furthermore, it is important for the preservation of the character of the property to retain the existing <br />wooded areas on the east side of the property, which further limits the buildable area. The <br />topography is limiting in that the existing home is built upon high ground, and the grade slopes down <br />both to the lake and to the street. Positioning the home on this higher grade is important for allowing <br />water to flow naturally away from the building and to create proper access to the home. In addition, it <br />is the most visually preferable position for the home, allowing for the existing views of the lake to be <br />maintained as well as the character of the property as perceived from beyond the property. <br />3. The variance, if granted, will not alter the essential character of the locality. <br />Response: The proposed design is intended to fit into its neighboring context in terms of mass, <br />scale, style, and positioning on the lot. The goal is to preserve the existing character of the property. <br />In addition, it is important to the essential character of the locality that the existing wooded and <br />naturally vegetated areas on the property remain, which is a significant goal of the proposed design. <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 no impact on the positioning of the home on this property. <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 />https://www4.citizenserve.com/Admin/PerrnitController?Action=DisplayPermitDetaiI&SelectedTab=Permits&Permit_ID=12220342&WorkOrder_ID=876... 1/2 <br />