Laserfiche WebLink
Council <br />Exhibit B <br />16-3832 <br />PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br /> <br /> <br /> <br /> <br /> <br /> <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 /> <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 listed <br />below and answer them as clearly as possible. <br /> <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 leave <br />something out it will not be considered. <br /> <br />Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, <br />write N/A in the space provided: <br /> <br />1. “The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter .” <br />The use of the park property for a park is reasonable. The fences allows more efficient use of this <br />public property. <br /> <br />2. “The plight of the landowner is due to circumstances unique to his property not created by the landowner.” <br />Most properties in the RR-1B, lakeshore, and wetland buffer areas are private homes and businesses. <br />A park is a unique land use with these features. <br /> <br />3. “The variance, if granted, will not alter the essential character of the locality.” <br />The fencing is designed to blend into the environment. From outside of the park property, the visual <br />impact will be minimal. The fencing will not impact water drainage, nor will it impede deer or bird <br />movement. <br /> <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 />The fencing is proposed to be located within the setback and buffe r areas to maximize usable space, <br />promote the most efficient use of the city resource and the improvements already contained within the <br />park in addition to permitted access to the southeast 2 acres of the park. <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, Section <br />116J.06, Subd. 2, when in harmony with this Chapter.” <br /> This does not apply. <br /> <br />6. “The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed <br />under this Chapter for property in the zone where the affected person's land is located.” <br /> This does not apply. <br /> <br /> <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.