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Letter View <br />file:///ci.orono.mn.us/...024%20(2890%20Goldenrod%20Way)%20Var/Practical%20Difficulties%20Documentation%20Form%20(22).htm[5/17/2024 11:39:42 AM] <br />PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br />LA24-000024 <br />1. The property owner proposes to use the property in a reasonable manner not permitted bythe Zoning Chapter. <br />Response: All setbacks have been considered for the property, including hardcover, side, rear and front <br />yard requirements, as well as a generous siting well away from the 25-foot setback requirement from the <br />wetland. The scale and style of the proposed single family home for the property is unassuming, gentlygraces the prairie-like format of the parcel, and fits well in the landscape. <br />2. The plight of the landowner is due to circumstances unique to his property not created by thelandowner. <br />Response: A home did exist on this property in the past. Cutting off a portion of the property for a drainage <br />easement often-times occurs in platting land. Sometimes the easement is part of the parcel, sometimes theeasement is not considered part of the parcel. In this case the parcel is not 2.0 acres because the easementwas cut from the property. Great effort was made by the landowners to confirm the parcel was improvableand could be used for their forever home. Meetings were held with the Development Director and they wereassured they could proceed with the design and construction thereafter. The landowners did nothing tocreate this circumstance. <br />3. The variance, if granted, will not alter the essential character of the locality. <br />Response: Again, noting that this parcel is a bit of a unicorn in its particular locality as it is sited betweensmaller parcels to the east and a single large parcel to the west. The essential character of the locality willremain as it is, and as it was back in 1983 when a single-family home existe on the property. <br />4. Economic considerations alone do not constitute practical difficulties if reasonable use forthe property exists under the terms of the Zoning Chapter. <br />Response: Considerable expense has been invested in this property. If not having been assured they could <br />build their forever home on this property, the landowners would not have purchased the property, nor wouldthey have invested the time and financial resources for the architectural fees inherent in designing a customhome. The practical difficulty is simply due to the deletion of the 0.29 acre easement from the parcel. As isoften-times the case, an easement runs through a parcel, and that easement, while unimprovable, isconsidered part of the parcel for other reasons. <br />5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight forsolar energy systems. Variances shall be granted for earth-sheltered construction as defined inMinnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. <br />Response: The only practical difficulty is the zoning ordinance itself, requiring the lot size to be 2.0 acres tobuild a home. Again, if the easement was considered part of the parcel, this would not be an issue. In anycase, the design of the proposed structure and improvements to the property do not negatively impact thesurrounding neighborhood or the City in general, in any way. <br />6. The Board of Appeals and Adjustments or the Council may not permit as a variance any usethat is not allowed under this Chapter for property in the zone where the affected person's landis located. <br />Response: N/A <br />7. The Board or Council may permit as a variance the temporary use of a one-family dwelling asa two-family dwelling. <br />124