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PC Exhibit B <br /> PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br /> This form is a required submittal for ALL variance applications. An appiication 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 difficuities 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 pracfical di�culties. 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 /> (isted 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 /> Ptease address each of these d�culfies criteria as fhey relate to the requesf, 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 /> �lU� CZC'�,.e 7 il/11G(,� 'S�L%� �'c2C�5 `� ` t2,�U�-. <br /> � <br /> c. ' i �- ,z • <br /> 2. "The plight of the landowner is due to circumstances unique to his propetty ot created by the landowner." <br /> I hE Lnf !s oYl Lc� 51 cS�U�s !l�4��2 -�l�F.lil ��i�.�C� iLl �(".�P ��lc2Q <br /> � ' v� <br /> 3. "The variance, if granted, will not alter the essential character of the locality."�,! <br /> ./�l 15 ,� G'`s` <br /> c� C.�/���� J r<� .�� 4 1 ( � •, <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 /> %��a J C_!U ��'�' Z�� �C t�D tM lG t��1.��/J �I�-Ci <br /> �d�^.�� 'j�.Q/�� F�K �,�� �.��`'7.� .�'�-/���� � ' <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��rmony 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 iand is located." <br /> Variance Applicetion Updated: January 31,2012 <br /> -18 - <br />