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( PC Exhibit E PRACTICAL DIFFICULTIES DOCUMENTATION FORM This fo rm is a required s ubmittal for ALL variance appli cati ons. 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 un ique 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 PROV E A PRA CTICAL DIFFICULTY? This form has 12 points outlin ing t he basis City staff uses to determine if practical difficulties exi st 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, yo u have the burden of proving that t he vari ance 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 NIA in the space provided: 1 . "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning C~ter." £~7~4~1<Jl:6~~"fil cotJ-fo~I~ ,::::::r-BWK earbT ~BS u~S, 2 . "The plight of the landowner is due to circumstances unique to his property not created by the landowner." lr~~~tt1t~J?ji~ 3. "The variance, if g anted , will not alter the essential character o the locality." \/4 tJ t,.ct::_~L~ -~__; c::::: 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." 6 . "The Board of Appeals and Adjust ments 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 ." Packe t Last Updat ed: August 20 15 ~ l? lh) ?Z?MflJ.&iJC€;, Wt:ttt~ u,u~. Page 16 # 3814 RECEIVED FEB 1 7 2016 aTYOF ORONO