11-19-2024 Planning Commission Packet

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PRACTICAL DIFFICULTIES INSTRUCTIONS FOR VARIANCES Minnesota State Statutes Section §462.357, Subd. 6(2) and City Code Section 78-123 require that practical difficulties be demonstrated for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the landowner. Personal and economic situations are not considered valid practical difficulties. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form lists the 12 criteria used to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, the applicant should address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code variance or exception, you have the burden of proving that the variance is justified. The information you provide to the City is what is used in determining a denial or approval recommendation. There will be space within your online application to address the below criteria. *Tip: fill the responses out on a separate document then cut and paste them into the variance application in case the application does not save. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. This Statement is True 2. The variance is consistent with the comprehensive plan. Statement is True 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; Yes b. There are circumstances unique to the property not created by the landowner; This Statement is True. Please see letter from John Ekola of Hennepin County c. The variance will not alter the essential character of the locality. This Statement is True and will actually enhance the safety of the area along with the safety of those traveling or using County Rd 15. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This does not apply 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Not applicable 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Yes this is true 9. The conditions do not apply generally to other land or structures in the district in which the land is located. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. This statement is true. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The granting of the variance will actually improve safety concerns for those traveling or using County Rd 15 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. True Practical Difficulties Statement If you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties prev enting compliance with Zoning Ordinance requirements in a separate narrative and upload it to your application. 45