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PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write N/A in the space provided-- 1. rovided: 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." Yes, the owner proposes to live in the single family home and use the accessory structure for storage of equipment vehicles like many of the neighbors and occasional guest use. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The property grading on the south side is very steep, making it difficult to build a single family home there. It is more practical to build the larger structure to the north side where the property grades gently and build the accessory structure on the south side, closer to the street. 3. "The variance, if granted, will not alter the essential character of the locality." Correct, if approved, this proposal will be fitting both aesthetically and positionally within the locality. 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." The circumstances of this practical difficulty are created by site characteristics, not cost" 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." n/a 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." Variance Application —May 20 76 AUG 1 7.2016 Page 4 3864 CITY OF ORONO