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PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br />LA24-000058 <br />1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. <br />Response: By expanding the upper deck, we will address usability concerns without further encroaching on the lake setback. This enhancement will facilitate <br />better access to the lake while maintaining the property’s existing footprint. <br />2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. <br />Response: The plight of the landowner arises from unique circumstances, including the existing configuration of the property and the presence of a small, <br />unuseable upper deck. These conditions limit the property's functionality and are not a result of any actions taken by the landowner. The proposed replacement of <br />the upper deck seeks to improve usability while adhering to the established footprint, addressing these unique challenges. <br />3. The variance, if granted, will not alter the essential character of the locality. <br />Response: The variance, if granted, will not alter the essential character of the locality as the proposed upper deck will align with the existing lower deck, <br />maintaining the current footprint and appearance of the property. No additional encroachment or structural changes that impact the surrounding area will occur. <br />4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning <br />Chapter. <br />Response: Economic considerations are not the basis for this variance request. The practical difficulty arises from the desire to maintain the current use and <br />functionality of the property without expanding the footprint, ensuring that the property remains consistent with its current design while complying with setback <br />requirements. <br />5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted <br />for earth-sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. <br />Response: The practical difficulty arises from the existing upper deck being unusable due to its small size. We are requesting to extend the upper deck to match <br />the depth of the lower deck, which would create a more functional and usable space. This extension will not expand the existing footprint or further encroach on <br />the lakefront setback. <br />6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for <br />property in the zone where the affected person's land is located. <br />Response: This variance request does not seek to permit any use that is not allowed under the current zoning regulations. <br />7. The Board or Council may permit as a variance the temporary use of a one-family 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 property or immediately adjoining property. <br />Response: n/a <br />9. The conditions do not apply generally to other land or structures in the district in which said land is located. <br />Response: n/a <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. <br />Response: Granting this application is necessary for the preservation and enjoyment of a substantial property right, as it will allow us to create a functional and <br />usable upper deck space. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the <br />intent of the Zoning Code. <br />Response: n/a <br />12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. <br />Response: Granting this variance is not merely for convenience but is necessary to alleviate a demonstrable difficulty. The current upper deck is too small to be <br />functional, and extending it to match the lower deck is essential to create a usable outdoor space. <br />74