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09-13-2004 Council Packet
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09-13-2004 Council Packet
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EXHIBIT C <br />HARDSHIP DOCUMENTATION FORM <br />This form is a required submittal for ALL variance applications. An application will not be <br />considered complete or placed on any meeting agendas until this form is complete and submitted to <br />the City._____________________________________ <br />Minnesota Stale Statue Section 394.27. Subdivision 7 requires that a hardship be demonstrated m order <br />for a variance to be granted. The hardship must be unique to the property as variances run with the land <br />and not the land owner. Personal and economic situations are not considered valid hardships. In order <br />for an application to be heard by the Planning Commission and City Council a hardship having merit must <br />be demonstrated. <br />HOW DO I PROVE A HARDSHIP? <br />This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the <br />variance will affect the surrounding community. To prove a hardship, address all the relevant points listed <br />below and answer them as clearly as possible. <br />Since you are requesting the code exception, you have the burden of proving that the variance is <br />Justified. The information tho City receives is what is used in determining a denial or approval <br />recommendation. If you leave something out it will not be considered. <br />Please address each of these hardship criteria as they relate to the request (some may not apply): <br />1."The property in question cannot be put lo a reasonable use if used under conditions allowed by <br />the official controls.” <br />The undue hardship standard requires a showing that the landowners wou'd lit<e to use their <br />property in a reasonable manner that is r)rohibited bv ordinance. Here, the landowners propose <br />to continue to use the property in the same manner as it was when they purchased it The <br />proposed use is reasonable because it is consistent .n character with the surrounding <br />neighborhood.________________________________________________________________ <br />2."The plight of the landowner is due to circumstances unique lo his property not created by the <br />landowner." <br />The original detached q.3raoe was m existence prior to the acdL'isitipn of the property by the <br />current owners.,_____________________________________________________________ <br />"The variance, if granted, will not alter the essential character of the locality." <br />Tho purpose of the variance is to replace the original carace in its original location. There is no <br />change to the character of the locality <br />"Economic considerations alone shaii not constitute an undue hardship if reasonable use for the <br />property exists under the terms of the Zoning Chapter." <br />fir <br />250S832vl
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