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PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br />LA25-000026 <br />1. The property owner proposes to use the property in a reasonable manner not permitted <br />by the Zoning Chapter. <br />Response: The use of the property will not change as a result of the variance. <br />2. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />Response: The property consists of approximately 3.5 acres total land area. Unique characteristics of <br />the marsh covering approximately 2.5 acres of the land area, combined with the evolution of the city <br />code over time, has resulted in the pre-existing decks (constructed nearly forty years ago) no longer <br />meeting the requirements of the current code. As a result, a variance is required in order to re- <br />construct the decks due to the administrative conflict caused by the intersection of city code and the <br />natural topography of the subject property. <br />3. The variance, if granted, will not alter the essential character of the locality. <br />Response: The character of the property and locality will not change as a result of the variance. <br />4. Economic considerations alone do not constitute practical difficulties if reasonable use <br />for the property exists under the terms of the Zoning Chapter. <br />Response: The variance is required due to the unique nature of the subject property, not economic <br />considerations alone. <br />5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight <br />for solar energy systems. Variances shall be granted for earth-sheltered construction as <br />defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this <br />Chapter. <br />Response: This variance does not involve a solar energy system or an earth sheltered construction. <br />6. The Board of Appeals and Adjustments or the Council may not permit as a variance any <br />use that is not allowed under this Chapter for property in the zone where the affected <br />person's land is located. <br />Response: The use requested under this variance is consistent with the character, use, and <br />applicable zoning of the subject property. <br />7. The Board or Council may permit as a variance the temporary use of a one-family <br />dwelling as a two-family dwelling. <br />Response: This variance does not involve any change to the subject property's status as a single- <br />family dwelling. <br />8. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property. <br />68