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PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br />LA26-000004 <br />1. The property owner proposes to use the property in a reasonable manner not permitted <br />by the Zoning Chapter. <br />Response: The property will be used as a single-family residence with a functional and code - <br />compliant second floor. The existing second floor contains sloped ceilings with limited headroom <br />(approximately six (6) feet at the peak and substantially less along the perimeter), which restricts <br />reasonable residential use. Strict application of the Zoning Chapter prevents reasonable improvement <br />of the second floor despite no increase in footprint or setback encroachment. <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 contains an existing legally nonconforming residence that encroaches <br />approximately five (5) feet into the front -yard setback, approximately two (2) feet into the side -yard <br />setback, and partially into the required lake setback. These conditions were established prior to <br />adoption of current zoning regulations and are unique to this property's configuration and location. <br />The practical difficulties were present prior to owning the property. <br />3. The variance, if granted, will not alter the essential character of the locality. <br />Response: Granting the variance will not alter the essential character of the locality. The building <br />footprint and location remain unchanged, no additional encroachment is proposed, and the use <br />remains a single-family residence consistent with the surrounding neighborhood. An adjacent property <br />owner has reviewed the proposed plans and has indicated no objection. <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 request is not based on economic considerations. The practical difficulties <br />arise from the physical constraints of the existing structure and legally nonconforming setbacks, not <br />from financial motivations. <br />S. 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 116106, Subd. 2, when in harmony with this <br />Chapter. <br />Response: N/A - The variance request is not related to solar energy systems or earth -sheltered <br />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: This request does not seek approval of any use not permitted under the Zoning Chapter. <br />The property will continue to be used as a single-family dwelling, which is a permitted use in the <br />zoning district. <br />W <br />