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08-15-2011 Planning Commission Packet
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08-15-2011 Planning Commission Packet
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, ' , ' ' � L ` • � <br /> PRACTICAL DIFFICULTIES 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 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in <br /> order for a variance to be granted. The difficulties must be unique to the property as variances run with the land <br /> and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order <br /> for an application to be heard by the Planning Commission and City Council practical difficulties having merit must <br /> be demonstrated. <br /> HOW DO I PROVE A PRACTICAL DIFFICULTY? <br /> This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the <br /> variance will affect the surrounding community. To prove practical difficulties, address all 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 these diffculties criteria as they relate to the request, if they do not apply;•write N/A in the , <br /> space provided: � <br /> 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning <br /> Chapter." <br /> �r��f�� ,L �, <br /> v <br /> 2. °The plight of the landowner is due to�circumstances unique to his property not created by the landowner." <br /> ��� � �is���, �. ��s���� <br /> 3. "The variance,� if granted;will t alter the essential character of the locality." • <br /> � . <br /> 4. "Econ mic considerations alone do no constitute practical difficulfies if reasonable use for the property exists <br /> under the terms of the Zoning Chapter." i <br /> i �� , ' � " � �".� <br /> /O�-o�«fy` ci/i�i j o c��' �:c�c�n f ✓iccan �� ,O cv �r.c�/�.�o A��� <br /> 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy <br /> • systems. Variances shall be granted for earth sheltered construcfion as defined in Minnesota Statutes, <br /> Section 116J.06, Subd. 2, when in harmony with this Chapter." � <br /> 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not <br /> ' allowed under this Chapter for property in the zone where the affected person's land is located." � <br /> l'����� ��� �_a�� ��'Z� <br /> * ; ., . . <br /> . RECE�VED � <br /> •t : - 15- JUL 08 2011 ' <br /> . CITY OF ORONO <br />
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