02-18-2025 Planning Commission Agenda and Worksession

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Practical Difficulties Worksheet for Variances Mimnesota State Statutes Section 462 357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be grantetl. The difficult- must be unique to the property as variances run with the land and not the land owner Personal and economic situations are not considered valid practical difficulties. Please recognize that any notes on this worksheet Is public Information. 1, "I he prop¢ y owner proposes o e prope y m a reasonable manner) not permitted by the Zoning Chapter Is the proposed the Intent of the onln code? 2. -The plight of the landowner is due to circumstances unique to his properly not createtl by the landowner"Why Is the circumstance/ ro aril ue? 3. The variance, If granted, will not alter the essential character of the locality." Is the proposed uselstructure Consistent with the neighborhood character? 4.'Economlc tonslderatlons alone do not constitute practical difficulties if reasonable use for Ue property exists antler the terms of the Zoning Chapter" Is the request for the yes No varianceonly based on financial reasons? 5. "Practical difficulties 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 yes No Minnesota Statutes, Section 116J.06, Subd 2 when m he with this Chapter " Is the variance for direct access to solar crier , or for earth sheltered Construction? 6. "The Board of Appeals antl Atljustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's yes No land is located." Is the use allowed? 7. The Board or Council may permit as a variance the temporary use of acne -family dwelling as a two-family Yes No dwellin Does this a I ? 8. "The special conditions applying to the structure or land in question are peculiar to such property or Immediately adjoining property." What rules make this property (and neighboring properties) difficult to use for Its Intended 9. The conditions do not apply generally to ofher land or structures in the district In which said land Is located," What features of the land/ ro unI u 10. "The granting of the application Is necessary for the preservation and enjoyment of a substantial property right of the applicant." What Is the specific property right (based on oning tlistrlet)71f the varlance(s) Is denied, can the property be used for the Intended purpose? 11. The granting of the proposed variance will not In any way impair health, safety, comfort, morals. or m any other respell be contrary to the intent of the Zoning Code" Identify the potential negative Impacts to health, safety, comfort, 12. is granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable dit(culty." Are there alternatives that require fewer or no varlari Are these options feasible? Variances/ Practica Difficulties • A way for a city to allow an exception to the strict requirements of a zoning ordinance. • generally for a dimensional standard (such as setbacks or height limits). A variance may not be used to allow a use that is prohibited in a zoning district. • A variance may be granted if enforcement of a zoning ordinance as applied would create "practical difficulties" for the land owner. • If a variance applicant can demonstrate the practical difficulties test is met, that the variance would be in harmony with the general purposes and intent of the zoning ordinance, and that the variance is consistent with the comprehensive plan, the city may grant the variance. • Procedure: (Follows the 60- day rule) • Application is deemed complete • Public notice is published • Planning Commission holds a Public Hearing • Council reviewed the application and acts