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01-20-2009 Planning Commission Packet
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01-20-2009 Planning Commission Packet
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• . PC Exhibit B <br /> FiARDSHIP DOCUM�NTATiO�! FORM � <br /> This form is a required submittal for ALL variance applications. An application will not be considered_ <br /> complete or placed on any meeting agendas until this form is complete and submitted to the City. . <br /> Minnesota State Statutes Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a <br /> variance to be granted. The hardship must be unique to the property as variances run with the land and not the <br /> land owner. Personal and economic situations are not considered valid hardships. In order for an application to <br /> be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. <br /> HOW DO t PROVE A HARDSHIP? <br /> This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance <br /> will affect the surrounding community. To prove a hardship, address all the relevant points fisted befow and <br /> answer them as clearly as possible. � <br /> Since you are requesting the code exception, you have the burden of proving that the variance is justified. <br /> The information the City receives is what is used in determining a denial or approval recommendation. If you <br /> leave something out it will not be considereci. <br /> Please address each of these hardship criteria as they relate to the request, if they do nof apply, write N/A in the <br /> space provided: <br /> 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official . <br /> � controls." <br /> �t?S <br /> 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." <br /> �li0 5 . . . <br /> , �— <br /> 3. "The variance, if granted, will not alter the essential character of the locality." <br /> �'e' <br /> 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property <br /> exists under h �ms of the Zoning Chapter." <br /> 5. "Undue hardship also includes, but is not limifed to, inadequate access to direct sunlight for solar energy � <br /> systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, <br /> Section 116J.06, Subd. ,when in harmony with this Chapter." � <br /> . 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not <br /> permitted under this Chapter for property in �e zone where the affected person's land is located." <br /> ������ <br /> - �7- DEC 1� 7 2008 <br /> ���`OF �RONC3 <br />
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