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Letter View <br />file:///C/Users/loakden/Downloads/Practical%20Difficulties%20Documentation%20Form%20(12).htm[2/17/2022 11:55:09 AM] <br />PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br />LA21-000076 <br />1. The property owner proposes to use the property in a reasonable manner not permitted bythe Zoning Chapter. <br />Response: N/A <br />2. The plight of the landowner is due to circumstances unique to his property not created by thelandowner. <br />Response: The existing concrete retaining wall that needs to be replaced was installed before the current <br />landowner purchased the property. <br />3. The variance, if granted, will not alter the essential character of the locality. <br />Response: The proposed new retaining wall will be installed as close as possible within the footprint of theexisting wall. The material (granite boulders) will be the same used on both neighboring properties to fit withthe character of the area. <br />4. Economic considerations alone do not constitute practical difficulties if reasonable use forthe property exists under the terms of the Zoning Chapter. <br />Response: N/A <br />5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight forsolar energy systems. Variances shall be granted for earth-sheltered construction as defined inMinnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. <br />Response: N/A <br />6. The Board of Appeals and Adjustments or the Council may not permit as a variance any usethat is not allowed under this Chapter for property in the zone where the affected person's landis located. <br />Response: N/A <br />7. The Board or Council may permit as a variance the temporary use of a one-family dwelling asa two-family dwelling. <br />Response: N/A <br />8. The special conditions applying to the structure or land in question are peculiar to suchproperty or immediately adjoining property. <br />Response: The conditions of this property also impact the adjoining property. If the current retaining wall isnot replaced, there is the risk of erosion of hillside into Lake Minnetonka. <br />9. The conditions do not apply generally to other land or structures in the district in which saidland is located. <br />Response: N/A <br />10. The granting of the application is necessary for the preservation and enjoyment of asubstantial property right of the applicant.