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?C. Exf11h, f B Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship 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 hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it wi II not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1. ''The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." Due to the nature of the lot, the set back from the lake and the position of the new septic system, there is essentially no room for a conforminQ structure. 2. ''The plight of the landowner is due to circumstances unique to his property not created by the landowner." This is a unique property because it is nearly level near the lakeshore, but then steeply slopes upwards at the back (west) end of the lot, in which a conforming septic system has been installed with tremendous difficulty and the loss of numerous trees. (See Hardship Statement below for additional information.) 3. "The variance, if granted, will not alter the essential character of the locality." True -the setback variance will permit the retention of the original structure on the property, whereas denial of the variance will require tearing down the original structure and building a new structure in a currently heavily treed, natural area adjacent the conforming septic system. 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." Although the economic expense is not the only factor, it is one factor. It might be possible to demolish the current structure and relocate to a conforming site. However, given the nature of the lot. this would likely require replacement of a brand new conforminQ septic system (installed in August, 2007), removal of much of the tree cover, and regrading much of the lot, including barge removal of excavated materials. #3323