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.