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PC Exhibit 8 PRACTICAL DIFFICULTIES 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 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties 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. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, 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 will not be considered. Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write N/A in the space provided: 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." N/A 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." Yes, owner would like solar installed on his cabin that was built before set back requirements and does not fit within the existing perimeters. 3. "The variance, if granted, will not alter the essential character of the locality." Correct, it is flush rooftop mounted solar, fits in roof footprint. 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." N/A 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 Minnesota Statutes, Section 116J .06, Subd. 2, when in harmony with this Chapter." Rooftop flush mounted solar PV electric system on existing cabin with minimal shading. 6. "The Board of Appeals and Adjustments 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 land is located." N/A 6 Variance Application -May 2016 Page 4 ORONO # 3849