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' PC Exhibit D <br /> PRACTICAL QIFFICULTlES DOCUMENTATIQ�N FORM <br /> This form is a required submrttal for ALL variance applications. An application will not be considered <br /> complete or placed on any meeting agendas until this form is compiete and submitted to the City. <br /> Minnesota State Statutes Section 482.357, Subdivision 6{2) requires that practical difficulties be demonstrated in <br /> order for a variance to be granted. The difficuities must be unique to the property as variances run with the land <br /> and not the land owner. Persona!and economic srfuations are not considered valid practica!difiiculties. In order <br /> for an application to be heard by the Plenning Commission and City Council practical difficulties having merit must <br /> be demonstrated. <br /> HOW DO I PROVE A PRACTICAL QIFFtCULTY? <br /> This form has 12 paints outlining the basis City staff uses to dete�rnine if practical difficulties exist and how the <br /> variance will a#Fect the surrounding community. To prove practical di�cutties, address al! the relevant points <br /> listed below and 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 considered. <br /> Please address each of the fwelve practical difficulties criferia as they relafe to the request, if they do nof apply, <br /> write N/A in the space provided.� <br /> 1. °The property owner proposes to use the properry m a reasonable ma�ner not permitted by the Zoning <br /> Chapter." . _ <br /> dY!/ l ki ✓d � .< ,.' . . <br /> � ,Fq.. �� <br /> 2. °7he plight of e !an owner i due to�ircums ances unique to his pro�rty not create b the landowner.° <br /> �GYr�d� i.s�s .r.L . . <br /> a <br /> 3. `The,,tv"ariance, if grarrted,w"II not alter the�,e,ssentiaf c�ya�acter o the locality." / <br /> r��• ,r,/r!/ ,� sfJif+��i� � `4s.-r� �'/a�rs�4l�s-�� <br /> 4. "Ecc�nomic considerations alone do not constitute practical difficulties if reasonable use for the praperty exists <br /> under the terms of the Zoning Chapter." <br /> 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar ener�gy <br /> systems. Variances shaU be granted for earth sheltered construction as defined in Minnesota Statutes, <br /> Section 'I 16J.06, Subd. 2, when in harmony with this Chapter." <br /> �1/1�_ <br /> 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is nat <br /> alfowed und is Chapter for property in the zflne where the atfected person's land is focated." <br /> R�CEIVED <br /> Packet Last Updated.� August 2015 <br /> Page 16 n�� � �� <br /> � � u � �� <br /> 7 9 9 ClTY OF ORC)OV4 <br />