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4. HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applicatlons. 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 00 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 will not be considered. Please address each of these hardship criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls.v. Due to the lot size, configuration and driveway easement, it would be impossible to meet the aver setback line, surface square footage, and provide enough structural square footage for a lot of this value an• accommodate parking. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." This property is endowed with gorgeous mature trees creating a natural site barrier from the neighbors. A conforming structure would require removing 8 of the 11 one hundred plus year trees in that area of the lot. 3. "The variance, if granted, will not alter the essential ch.aracter of the locality." • It will not alter the character, if granted the new structure will conform to the character of the surrounding · architecture and neighborhood lakeshore ambiance created by the huge existing trees. 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." -::it-U,_ bftn,J 5. "Undue hardship also includes, but is 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." t / .:,1 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitt d er this Chapter for property in the zone where the affected person's land is located." ---------------------------- The current assessed value is 1.6K (lot value). A standard ratio ofland value to structure is that the structure b, 3X the l'";d value (home value +land) + 4.8K. Sometimes with the lake lot prices the lot is ½ the total value. I; any even 1fthe lot value is $1_-6_ a good economic decision to build on this lot would be if you can build a total package (home +land) at a m1rumum of$3.2 If this is not possible, you investment· d3"4 Last Updated: 5/21/2009 RECEIVED 1 - 10 -JUN I 7 2009