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LA18-000033 (18-4000) Garcia (1335 Arbor St) Exhibit B Difficulties
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LA18-000033 (18-4000) Garcia (1335 Arbor St) Exhibit B Difficulties
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PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br />This form is a required submittal for ALL variance applications. An application will not be considered <br />complete or placed on any meeting agendas until this form is complete and submitted to the City. <br />Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in <br />order for a variance to be granted. The difficulties 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 practical difficulties. In order <br />for an application to be heard by the Planning Commission and City Council practical difficulties having merit must <br />be demonstrated. <br />HOW DO I PROVE A PRACTICAL DIFFICULTY? <br />This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the <br />variance will affect the surrounding community. To prove practical difficulties, 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 justified. <br />The information the City receives is what is used in determining a denial or approval recommendation. If you leave <br />something out it will not be considered. <br />Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, <br />write NIA in the space provided: <br />1. "The property o � r proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." <br />2. "The plignLgf the landowner is due to circumstances unique to hi ,property not created b the landowner." <br />J <' <br />3. "The vans ce, if gqa9ted, will not alter the ess ial char cter of the lob t ." <br />4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists <br />under the terms of tqe honing Chapter." <br />5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy <br />systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section <br />116J.06, Subd. 21 Ahpn 'n harmony with this Chapter." <br />At <br />6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed <br />under this Chapter for_pr. erty in the zone where the affected person's land is located." <br />RECEIVED <br />Variance Application - September 2017 DEC I *' t u I I <br />Page 7 <br />g qj e4 <br />000 <br />CITY OF ORONO <br />
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