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09-19-2011 Planning Commission Packet
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09-19-2011 Planning Commission Packet
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r � <br /> � , . <br /> � PC Exhibit B <br /> PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br /> This form is a required submittal for ALL variance appiications. An application will not be considered <br /> complete or placed on any meefing agendas until this form is complete and submitted to the City. <br /> `Minnesota State Statutes Section 462.357, Subdivision�6.(2) requires tha� 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 sifuations are nof considered valid practical diffculties. 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 ouflining 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 informafion 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 difficulties criteria as fhey relate to the request, if they do not apply, write N/,4 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 /> Cha ter." <br /> �r������u�.�.. e�c��,,�5.�.,, �., �-;as �fi�;S �..���h-.�� �' s��.r- <br /> d.�� �-I� S e ►.a-�c\�a J <br /> 2. "The�,P light of the landowner is due to circumstances unique to his property not created by the landowner.° <br /> � {'1�✓SC '�� ���� ('f' i� l�'tSS . . <br /> 3. "The variance, if grante , will not alter the essential character of the locality." � <br /> � SJ�i-�' zr�v��e w�1� ����uc� 2.�t�-...�`r,� �-- �n- <br /> �a � �'� � �re, � � v�J i`►���n -eK� 7� �e � �w rfc <br /> 4. "Economic considerations alone do no�constitute practical difficulties if reasonable use for the property exists <br /> under the terms of the Zoning Chapter." , <br /> r � � � ;� o�-�.�..r- ����°��,.,� �� <br /> 1 <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 'construction as defined in Minnesota Statutes, <br /> Sect�n�1M1 16J.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 /> allowe�y�nder this Chapter�for property in the zone where the affected person's land is located." <br /> �-}— <br /> � . . �EC�iv�D <br /> ._ AUG �-9 2011 <br /> - 10- . <br /> ' �ITY OF ORONO <br />
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