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10/10/23, 2:22 PM Permit Details I Citizenserve <br />PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br />LA23-000059 <br />1. The property owner proposes to use the property in a reasonable manner not <br />permitted by the Zoning Chapter. <br />Response: N/A <br />2. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />Response: We firmly establish the presence of practical difficulties that necessitate this variance. <br />Firstly, due to the neighboring property's elevated position, it directly overlooks our client's patio area. <br />By constructing a 6-foot tall screen wall along the property line, we aim to create a necessary sense <br />of privacy without compromising the neighbor's view of the lake. <br />Moreover, the proximity of the neighboring home to the property line necessitates a reasonable <br />solution. The proposed wall would enable the client to replace their existing patio, which is situated in <br />the same location but is currently paved with uneven flagstone that impedes property access. The <br />new patio design would significantly enhance usability and accessibility while mitigating the need for <br />excessive vegetation, allowing for better access to natural light within the home. <br />It is essential to note that the circumstances leading to these practical difficulties are entirely unique <br />to the property and were not created by the landowner. The client's home is positioned significantly <br />forward compared to neighboring residences, causing the Average Lakeshore Setback to be set much <br />further back from the shoreline. This setback results in an impractical restriction on privacy screening <br />height. <br />3. The variance, if granted, will not alter the essential character of the locality. <br />Response: We assure you that granting this variance will not alter the essential character of the <br />locality. The proposed screen wall and vegetation are visually discreet and a functional addition that is <br />in keeping with the aesthetic of the surrounding area. It will serve a vital role in maintaining a sense <br />of privacy for the property owner without adversely impacting the neighbor's viewshed of the lake. <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: N/A <br />S. 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 1161.06, 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://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=12386962&WorkOrder_ID=877... 1 /2 <br />