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06-20-2011 Planning Commission Packet
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06-20-2011 Planning Commission Packet
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, • PC Exhibit B <br /> - HARDSHIP DOCUMENTATION FORM <br /> This form is a required submi�tal for ALL variance appfications. 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 462.357, Subdivision 6(2) requires that a hardship be demonstrated in order for <br /> a variance to be granted. The hardship must be unique to the property as variances run with the land and not the <br /> fand 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 HARQSHIP? <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 criferia as they relate to fhe requesf, if they do not apply, wrife 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." N/A ' <br /> 2. "The plight of the landowner is due to circumstances unique to his property nof created by the landowner." <br /> Dur lot at 450 South Willow Drive, is zoned RR-1B. The minimurn lot size under that zoning is 2 <br /> acres with side and back/front setbacks of 30 feet and 50 feet respectively. As a result of a <br /> subdivision by the previous landowner, our lot is 0.54 acres and the existing house on the lot is . <br /> not in compliance with those setbacks. This subdivision put our lot in the unique position of <br /> being zoned RR-1B when the lot more closely resembles an'R-1B zone. This places a hardship <br /> on us as the lot size decreased but the setbacks remained the same which limits our remodeling <br /> options. <br /> 3. "The variance, if granted, will not alter the essential character of the locality." <br /> Since the existing house and lot are not in compliance with the RR-16 zoning and since the ' <br /> propased acldition to the house is modest in size and style,our project will not alterthe <br /> essentia(character of our neighborhood. In fact granting the variance will enhance the locality <br /> by improving the home,the lot and adding value to the surrounding area and to the City of <br /> Orono <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 /> While economic considerations themselves cannot be considered undue hardship, using the <br /> existing house foundation and frame—the existing breezeway to the garage and the garage will <br /> be removed -will not only reduce the environmental impact to the lot but will also save us the <br /> cost of dernolishing and rebuilding. This will be a win/win situation and have a positive impact <br /> for al! involved. <br /> I <br /> ! : <br /> � t <br />
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