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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 sifuations are nof 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 difficulties criteria as fhey relate 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.° �/ � <br /> � o r-G� -- �/'��n - �n��� ,nG' �.� �a�� <br /> 2. The 'ght of the landowner is due to circumstances unique to his prope not create by the landowner." <br /> " d 1�' �' � / �l.c.� � <br /> � r � ..n� � ��1 � � <br /> 3. "Th�ariance, if grante�, vyi��t alt�he essential character�tl�e locality." <br /> �. .r. f?-� i �� / � u� �� <br /> c � ' � a 1� �. e.f/ i'I {'c� a �'' <br /> jl D s�Z�7 <br /> 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the properly exists <br /> under�ie terms of the Zoning Chapter." � <br /> �f �^�'� <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 /> Sectio 116J.06, Subd. 2, when in harmony with this Chapter." <br /> r�� <br /> 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not <br /> allow d under this Chapter for property in the zone where the affected person's land is located." <br /> ��� <br /> REGEIVED <br /> A�� � sZO�3 <br /> Packet Last Updated: 03/29/13 <br /> Page 17 of ������A,� <br /> !t� <br />