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05-17-2010 Planning Commission Packet
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05-17-2010 Planning Commission Packet
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� . 'PC �xh�bti� $ <br /> . , • <br /> � HARDSHIP DOCUMENTATION 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. Persona/ and economic situafions 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 I 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 listed below 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 considered. <br /> • Please address each of these hardship criteria as they relafe fo the request if they do nof app/y, 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 /> �OD � S D� � � f��i( ` K <br /> . �, � . h � � ,� �� <br /> 1�► iS-{�t.r�-hec^ .�ro vY� v+��r'�-y Y�ne�lCrxN IS�i n !'oo . <br /> 2. "The plight of the landowner is du�to circurristances unique to his pro�erty not created by the landowner." � <br /> , , , , , � ov� - <br /> . � <br /> r <br /> u�;(1 be �.� P v�m��r �}-; <br /> 3. "The variance, if granted, will not alter t e essential character of the locality." <br /> S � � \ < < / t <br /> 1 _� e e. <br /> .r o ?f� <br /> 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property <br /> exists under the terms of the Zoning Cha ter." <br /> e r n��r `f ue � ` � ` <br /> o ��e e r ' r o � cp ` � <br /> 5. "Undue hardship also includes, but is not limited 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 /> Sectione116J.06, Subd. 2, when in harmony with this Chapter." < < \ � <br /> �ro . <br /> C c.� W i <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 the zone where the affected person's land is located." <br /> —Ehec-�, is no �h�n ,�_ in usec;c,nc@ i�F-is ccer�ret�1� � Derrri;(-{�r(1 � <br /> u � � <br /> � .� RECEIVED <br /> � Last Updated: 5l21/2009 �AR L � 2��� <br /> - 10 - <br /> � CITY OF ORONO <br />
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