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Mike Gaffron <br />October 14, 1993 <br />Page 2 <br />B.It would be unreasonable to require conformance with the <br />ordinance. Practical difficulties may arise duo to <br />“functional and aeathatic concerns” and economic <br />coneiderations alone do nai constitute practical <br />difficulty. <br />C.The difficulty of conforming to the ordinance is due to <br />circumstances unique to the property, such as peculiar <br />topography. If the problem is common to a number of <br />homes in the area, it is not considered unique. <br />D. The problem must not be created by the landowner. <br />E.Tha variance, if granted, must not alter the essential <br />character of the locality. <br />The courts have said that the applicant has a "heavy burden of <br />proof” to show that all the prerequisites to the granting of <br />a variance are satisfied. This is because a variance allows <br />property to be used in a manner forbidden by the ordinance. <br />The Department should be advised of the action taken on the two <br />above requests within 10 days of final action and copies of the <br />official record should be forwarded to this office if the variance <br />request is not denied. Please contact me at 772-7910 should you <br />have any questions regarding these comments. <br />Sincerely, <br />Ceil Strauss <br />Area Hydrologist <br />cc:Ed Pick, Shoreland Hydrologist <br />Lake Minnetonka files 27-133, #26 and 27-133, #23