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01-22-2013 Planning Commission Packet
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01-22-2013 Planning Commission Packet
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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 nof considered valid practical difficulfies. 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 d�culties criferia as they relate to the request, if fhey do not apply, wrife N/,4 in fhe <br /> space provided: <br /> 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning <br /> Chapter." (iU-c w�e�� f }'tl �- �� � aiw '�/ � Qf-�a`. �� <br /> 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." <br /> L f�/_ d.�►[.c,:�,�.1 G�..a�ta ;,c ut�[.����� �-v a-� �1 frf� <br /> 3. "The va��a��nce, if granted, will not alter the essential character of the locality." � <br /> ,ZY� .t.i a. �t-t�u.�C.r.�L- �+'1 � /►t�.c�`�r�.�t `/�� �� �tl-r..�•-- <br /> d <br /> 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists <br /> under the terms of the Zoning Chapter." <br /> � ,�� <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, Subd. 2, when in harmony with this Chapter." � I <br /> � <br /> � 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not <br /> allowed underthis Chapter for property in the zone where the affected person's land is located." <br /> ► - <br /> � RECEIVED <br /> VarianceApplicationUpdated: January31,2012 OCT 1'I 2012 <br /> ' - �s-CtTI(O�OR�NO � <br />
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