PC Exhibit B
<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 difficu/ties criteria as they re/ate 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.°
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<br /> 2. "The pli ht of the landowner is due to circumstances unique to his propert not created by the landowner."
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<br /> 3. "The variance, if granted,will not alter the essential character of the locality."
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<br /> 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists
<br /> under the terf/p,,s of the Zoni�ng�C7ha{pte�rr" fl . / / �p
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<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 /> Section 116J.06, ubd:2, when in harmony with this Chapter."
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<br /> 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not
<br /> allowe,�dt 4nder this Chapter for property in the zone`where the affected person's land is located."
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<br /> Variance Application Updated: January 31,2012 ��������
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