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08-23-2004 Council Packet
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08-23-2004 Council Packet
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G>tei Page 1 of 3 <br />HARDSHIP DOCUMENTATION FORM <br />This form Is a required submittal for ALL variance applications. An application <br />will not be considered complete or placed on any meeting agendas until this form is <br />complete and submitted to the City. <br />Minnesota State Statue Section 394.27, Subdivision / requires that a Hardship be <br />demonstrated in order for a variance to be granted The hardship must be unique to the <br />property as variances run with the land and not the land owner. Personal and economic <br />situations are not considered valid hardships. In order for an application to be heard by <br />the Planning Commission and City Council a hardship having merit must be <br />demonstrated. <br />HOW DO 1 PROVE A HARDSHIP? <br />This form has 12 points outlining the basis City staff uses to determine if a hardship <br />exists and how the variance will affect the surrounding community. To prove a hardship, <br />address all the relevant points listed below and answer them as clearly as possible <br />Since you are requesting the code exception, you have the burden of proving that the <br />variance is justified. The information the City receives is what is used in determining a <br />denial or approval recommendation If you leave something out it will not be considered. <br />Please address each of those hardship criteria as they relate to the request (some may <br />not apply); <br />1.“The property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls." <br />Almost 75X of the property currently lies within the 0-75* setback <br />area. <br />2.“The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner." <br />Property was purchased by landowner In 1996 as it exists at present <br />day - no changes have been made since date of purchase to structure <br />size or i^Ttion. Therefore landowner did not create unique circumstances <br />that exist with property. <br />3.•The variance, if granted, will not alter the essential character of the locality “ <br />The essential character of the locality will not be altered if the <br />variance is granted. The essential character will In fact be enhanced <br />due to the removal of current ground cover that exists on the property. <br />“Economic considerations alone shall not constitute an undue hardship if <br />reasonable use for the property exists under the terms of the Zoning Chapter." <br />Economic considerations are not a factor pertaining to the variance <br />request.___________________________________________________________________ <br />#304jf- r-.
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