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The variance request is consistent with the comprehensive plan. The parcel is guided for low <br />density residential use. A porch addition and deck are consistent with residential uses. <br />3. There shall be practical difficulties in complying with the ordinance. "Practical difficulties," as <br />used in connection with the granting of a variance, means that the property owner proposes to <br />use the property in a reasonable manner not permitted by the ordinance. Economic <br />considerations alone do not constitute practical difficulties. Practical difficulties include, but are <br />not limited to, inadequate access to direct sunlight for solar energy systems. <br />The property owner proposes to use the property in a reasonable manner. The porch addition is <br />a reasonable residential use of the property. The practical difficulty in complying with the 30 <br />foot rear setback would require removal of 1.29 feet of the already constructed porch. <br />4. The plight of the landowner shall be due to circumstances unique to the property not created <br />by the landowner. <br />The plight of the landowner is not due to circumstances unique to the property. The landowner's <br />contractor installed the footings and started construction of the porch without locating the <br />property corners and verifying the rear yard setback. <br />5. The variance shall not alter the essential character of the locality. <br />The variance shall not alter the essential character of the locality. Porches are common <br />additions found throughout the City s residential districts. <br />6. A variance shall not be granted for any use that is not allowed under the ordinance for <br />property in the zoning district where the subject site is located. <br />House additions such as the screen covered porches are permitted principal structures in the R- <br />IX, Single Family Executive Residential District. <br />7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered <br />construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning <br />ordinance. <br />Not applicable. <br />RECOMMENDATION <br />Staff recommends approval of a variance to allow for a 1.29 foot encroachment into the required <br />30 foot rear yard setback for the purpose of constructing a screen covered porch. <br />M <br />