Laserfiche WebLink
PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br />LA25-000021 <br />1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. <br />Response: The proposed deck is a reasonable use of the property, improving the functionality while also reducing the overall square <br />footage and legal non conformity. <br />2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. <br />Response: NA <br />3. The variance, if granted, will not alter the essential character of the locality. <br />Response: The variance will not alter the essential character of the locality. It will improve upon the aesthetics of the property by <br />eliminating a deteriorating deck. <br />4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under <br />the terms of the Zoning Chapter. <br />Response: Economic factors alone are not the basis for this request. The need for variance is driven by practical considerations & <br />functional design improvements in an effort to increase the usability of the outdoor space while reducing the overall square footage <br />and legal non conformity. <br />5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. <br />Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, <br />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 <br />this Chapter for 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 <br />adjoining property. <br />Response: NA <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 <br />the applicant. <br />Response: This variance is necessary to preserve the enjoyment of the outdoor space by rebuilding a deteriorating deck. The average <br />setback line goes right through the middle of the home so any projections toward the lake are not in compliance. The proposed design <br />increases the functionality while also reducing the overall square footage and legal non conformity. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other <br />respect be contrary to the intent of the Zoning Code. <br />Response: The proposed design will not impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the <br />Zoning Code. Instead, it might enhance property values by simplifying the design and eliminating a deteriorating structure. <br />12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate <br />demonstrable difficulty. <br />Response: The granting of the variance will not serve as a convenience to the applicant. It will alleviate the difficulty of a deteriorating <br />structure while also making the outdoor space more functional. <br />14