01-11-2021 Council Packet - Laserfiche WebLink

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floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway. Note: This language is also consistent with Minnesota Statutes Chapter 462.357, Subd. le. 22.The variance shall be consistent with the comprehensive plan. In our review of the 2040 Comprehensive Plan, we do not see any inconsistencies with our request and the plan's delineated objectives. 23. There shall be practical difficulties in complying with the ordinance. "Practical difficulties" as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties: Without the variance, our deck would only be five feet wide. It is not practical to replace our deck on that basis. Without the deck, we are not able to put the property to a reasonable use as has existed for about 30 years. 24. The plight of the landowner shall be due to circumstances unique to the property and not created by the landowner. The creation of the deck non -conformity was not our doing. The non -conformity has existed for around 30 years and we only became aware of the issue when applying for a permit to repair. It should be noted that the encroachment was worse (approximately 1' off the property line) and a repair we made over 15 years ago reduced the non -conformity to 2.5 feet. We are asking for the variance so we can continue to enjoy our property in the same manner as has existed since our purchase of this property. 25. The variance shall not alter the essential character of the locality. As a residential neighborhood, the continuation of our deck non -conformity will not alter the character of the neighborhood or the community. 26. A variance shall not be granted for any use that is not allowed under the ordinance for the property in the zoning district where the subject site is located. We are and will continue to use the property as a single-family, residential property.