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PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br />LA25-000025 <br />1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. <br />Response: yes <br />2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. <br />Response: The lakeshore juts in toward the home which yields no room for any improvements within the back yard of the home. The average lakeshore setback <br />is within 5 feet of the corner of the existing home. <br />3. The variance, if granted, will not alter the essential character of the locality. <br />Response: The addition of a cabana will not alter the essential character. <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: NA <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: There is an outlot to the west of the property which adversely affects the average lakeshore setback. <br />9. The conditions do not apply generally to other land or structures in the district in which said land is located. <br />Response: Generally the adjacent properties vary in distance from the lake shore as the waterline does move in and out throughout the properties. There is a <br />drastic change in the distance from the home to the shoreline from the east property line to the west property line. <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. <br />Response: yes <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: Yes. There will be no adverse affects to the adjacent neighbors and the structure is not contrary to the intent of the zoning code. <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: The calculated average lakeshore setback does not accurately represent the intended purpose of the ordinance in this case. The adjacent home is <br />lakeward of the proposed structure and will not impact lake views. <br />44