07-16-2012 Planning Commission Packet

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. . PC Exhibit B � PRACTICAL DIFFICULTIES DOCUMENTATION FORM � _ This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and.submitted to the City. '•` �' • r r� �^, � � ,� ,`1 , a . ,'` � i' Y.^L' � � ��: � ^t f • ' ' ,•, , ' . ,.. ,. Minnesota 5tate Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are nof considered valid practical diffculties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. � HOW DO I PROVE A PRACTICAL DIFFICULTY? . This`for'm has.•12,�points:outlining the basis City staff uses to determine if practical difficulties exist:and how the • '' variance will.affect.;the surrounding .community. To°prov,e practical difficulties, address all�the �elevant points listed below and answer them as clearly as'possible. , , � v . � Since you are requesfing the code exception, you have the burden of proving that the variance is justified. The information:,th'e City receives is what is'used in determining a denial or approval recommendation. If you . leave somethin�,out itwill not be consid'ered. � - � , � � � , , . . . k� ,/ (�{�.. x M�. , . . . . . � , [ . •' Y '�_y/�^ t9 � w ,T .w • � � lifj ��,�'S^ � ` � , � � Please atldre'ss each�•of these d�culfies criteria as fhey�relate to fhe request, if they do nof apply, write N/A in the�' space provided: . � .,,;.* • . . • . , . . , 1. "The~property.owner propo"ses�7 to use the properly'in a�reasonable ,manner not permitted by'the Zoning C "4er:"... , . . . . . . o � � V ' ( � Go � 2. HT e pli ht,of the landown r is due to circ rostance unique to his property not cre ted b t e landowner" 3. "The ariance, if gr nted, will n t alter e es ential charact r of the locality." 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists und�t e�terms of the Zoning Chapter." 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunfight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Se�qn�116J.06, Subd. 2, when in harmony with this Chapter." —�- 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not a ovy��under this Chapter for property in the zone where the affected person's land is located." / � - RECEI�/EQ VarianceApplication Updated: January 31,Zo,2 JUN 2 0 2012 � : � � - �$ CITY OF ORONO