07-17-2006 Planning Commission Packet

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, � , � C, Page 1 of 4 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 will 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." The answer to Question 2 provides a more detailed response and background conceming "reasonable use" of the property and for brevity will not be repeated in response to Question 1. The subject property is planned and zoned for industrial and office-showroom land uses. The nature and character of this type of land development is large massing of building types and associated parking fields that cannot be divided into smaller parts and still remain competitive in the marketplace or meet the needs and expectations of prospective tenants. The granting of a variance for the 50-foot public right-of-way (Outlot A) is critical to accommodate access to the properly and so the applicant may be able to design and construct a building type that is consistent with the zoning and land use categories and meet the needs and expectations of the marketplace. The necessary location of Outlot A with 70-feet of right-of-way (see Question 2)will divide the site in such a way that the massing of industrial and office-showroom buildings and their associated parking will be hindered in the southern part of the site. The developer will not be able to achieve the land use density for this property anticipated by the City's zoning and land use codes. "Reasonabfe use" of the property, consistent with the City's Zoning Code will as a result be denied without the requested 50-foot Outlot A right-of-way. Crystal Bay Business Park June 19, 2006 Hardship Documentation Form/Variance Request