07-21-2008 Planning Commission Packet

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� ,' � ,� . � 4 PC Exhibit B 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 vatiance 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. � P/ease address each of these hardship criteria as they relate to the request, if they do not apply, write N/A in the space provided: 1.T "The property in question cannot be put to a reasonable use if�used under conditions allowed by the official controls." � -�fcrn.� e,.�f,�r '��S � � r ; c� ', `' S -F na � , � • . 2. "The plight of the landowner is due to circumstanc�s unique to his property not created by the landowner." � c � Y� , � 3. "Th�ariance, if granted, willviot alter the essential character of the locality." � . � � i fN1110� 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." fl, 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." 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not pe',rlmi�ted under this Chapter for properly in the zone where the affected person's land is located." , A � RE�E@VE� . JUN 1 $ 2008 = -17- ' CITY OF ORONO