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09-20-2010 Planning Commission Packet
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09-20-2010 Planning Commission Packet
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' ^ PC Exhibit B <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 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 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 they do not apply, write N/A in fhe <br /> space provided: . . <br /> 'p Qs c�✓t �e w4u�( � t�t�c�F- kt���r�tan c�.. <br /> 1. "The property in question cannot be put to a reasonable use if usssi under coorli�iaa�ailaw�d bv the official <br /> cs�rofs" <br /> ��r�3 ,s'7%�/t'��1� �-o�— <br /> re�� kh� �' �-Fw�-p,v� � <br /> 2.�he plight of the landowner is due to circumstances �+aique to h�i5 property�ot created by the landowner."� <br /> �.E'v�F�� �.a�� ° <br /> 1•�!c l! <br /> 3. "The variance, if granted, v�alter the essential character of the locality." �� <br /> v <br /> ��( "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property <br /> exists under the terms of the Zoning Chapter." � JA <br /> �P <br /> "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 /> � "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not <br /> permitted under this Cha pter for pro pe rt y in the zone where the affected person's land is located." <br /> �������� <br /> Last Updated: 5/21/2009 <br /> . - �o- AUG 18 2010 <br /> CtTY OF ORONQ <br />
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