10-19-2009 Planning Commission Packet

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. � , PC Exhibit B HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance appiications. An applicafion will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. . Minnesota State Statutes Sectipn�394.27, Subdivision 7 requires that a hardship be ciemonstrated 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 considersd vafid 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 justi�ed. The information the City receives is what is used in determiriing a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as fhey relate to the requesf, if they do not apply, write N/A in the space provided.• 1. "The property in question cannot be put to a reasonable use if used under condifions allowed by the official � controls." True. See Hardship Statement on p. 18. 2. "The plight of the landowner is due to circumstances unique to his property not created•by the landowner." True. No front entrance to bualding. Originally designed and later expanded as an office facilitv. Now a reli�ious or�anization and church building ' 3. "The variance, if granted, will not alter the essential character of the locality." True 4. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." . � We are investing additional funds to improve the function and appearance of the � D oD -rtV. . , 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy sysEems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, . Section 116J.06, Subd.2, when in harmony with this CFaapter." N/A 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is locafed." Use not chan�in�. RE�Ei�lE�� . APR � � 2009 . - 17- �ITY OF Ot�C)i�J