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Variance Justification3892 Lone Cedar Lane, Chaska, MN 55318 a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. The current retaining walls are a legal non conforming structures that we are replacing. We are relocating the upper retaining wall to gain increased functionality and due to the unique attributes of the lot. b. When there are practical difficulties in complying with the zoning 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 this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Slope is the largest practical difficulty for usability. The variance request not only addresses the slope issues but also helps with water drainage and erosion on the property. c. That the purpose of the variation is not based upon economic considerations alone. The variance is not based on economic considerations alone. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The retaining walls are preexisting structures from when the house was built and was not created by the landowner. e. The variance, if granted, will not alter the essential character of the locality. The variance will not alter the essential character of the locality. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Not applicable to this project.