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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 />{3nd 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
<br />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 variance is justified .
<br />The information the City receives is what is used in determining a denial or approval recommendation. If you
<br />leave something out it will not be considered.
<br />Please address each of these difficulties criteria as they relate to the request, if they do not apply, write NIA in the
<br />space provided:
<br />1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning
<br />Chapter."
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<br />2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner."
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<br />3. "The variance, if granted, will not alter the essential character of the locality."
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<br />4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists
<br />under the terms of the Zoning Chapter."
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<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,
<br />Section 116J.06, Subd. 2, when in harmony with this Chapter." ·
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<br />6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not
<br />allowed under this Chapter for property in the zone where the affected person's land is located ." · -
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<br />RECEIVED
<br />-15-' JUL2O2011
<br />CITY OF ORONO #3 520
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