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� � r <br /> PC Exhibit B � <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. Personal 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 relate to the request, if fhey do not apply, write N/,4 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 /> �� �A����r-f' t <br /> 2. °The plight of the landowner is due to circumstances unique to his property not created by the landowner." <br /> U � <br /> 3. "The variance, if granted, will not alter the essential character of the locality." <br /> t( <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 Chapter." � <br /> �t <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 /> Section 116J.06, Subd. 2, when in harmony with this Chapter." ' <br /> . �� <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 /> 1� <br /> L'ast Updated: 5/21/2009 <br /> . . - 10- ' <br /> � <br />