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PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br />LA25-000011 <br />1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. <br />Response: The minor adjustments to the mass and volume maintains the majority of the homes’ existing conditions. Expanding the deck over the setback is a <br />reasonable addition to create a connection to the east side of the property which has a significant elevation shift (approx.. 8’ of grade change). <br />2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. <br />Response: The geometry of a peninsula does not lend itself to complying with the typical zoning regulations as well as the location of the existing home (built in <br />1955) that pre-dates the shoreland district setback (75’ from the OHWL). DNR requires a 50’ setback. The owner has no control over the placement of the home. <br />With the Average Lakeshore Setback Rule, without asking for a variance the current homeowners would not be allowed to do any exterior modifications that <br />impact the volume or mass. <br />3. The variance, if granted, will not alter the essential character of the locality. <br />Response: With the minor adjustments to the homes mass and volume, this project will be maintaining most of the existing conditions. Looking to the adjacent <br />neighbors properties are very similar in scale/volume. The aesthetic changes (including new windows, exterior cladding and landscape) this will not negatively <br />alter the character of the area. <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: The homeowners explored a tear down option to build a new house and decided to renovate the existing home. A few modifications vs. a big change <br />on the property felt like the right option given all the restraints on site. <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: NA <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: NA <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: NA <br />8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. <br />Response: As stated previously, the land in question is a peninsula and it creates a peculiar condition where the majority of the property and buildable area is <br />over the Average Lakeshore Setback. In addition to the peculiarities of this lot, the existing 1950’s house is slightly over the existing 75’ lakeshore setback which <br />makes any improvements to the lakeside of the house extremely difficult. <br />9. The conditions do not apply generally to other land or structures in the district in which said land is located. <br />Response: NA <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. <br />Response: Without granting this variance, this property would be unbuildable. Granting this variance will allow the homeowners to preserve the majority of the <br />existing home, enjoy the views of their property and providing access to outdoor spaces that are otherwise hard to access. The variance is necessary to preserve <br />the primary property right of the owner. <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: Correct <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: Correct. Allowing these minor variances on the property will allow the homeowners to safely utilize the existing steep slope, allow for modern <br />upgrades, allow for proper water management and needed maintenance for the property. <br />48