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PC Exhibit B 16-3879 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 diffloultles 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 aWatlans are not considered valid precdcal dilkuflies. 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 it practical dltficulues 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 dearly 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 diffrculifes crlteda as they relate to the request, if they do not apply, wide IVDA in the space provided: 1. °The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter,' NIA - existina use to remain - cirocery retailer 2. aThe plight of the landowner is due to circumstances unique to his property not created by the landowner." Yes, the unique shape of the properly and adjacent road layout only allows sign placement near the property line. Furthermore. the parking layout and MgUlrements will anlyallow a raised Aft to be tmcdc al And useful 3. "The variance, if granted, will not alter the essential character of the locality." No. it will enhence the character and the sign Is critical to the success of the business, which Is Important and Integral to the illy_. �— ..._ 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." NIA 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 116106, Subd. 2, when in harmony with this Chapter." NIA 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." NIA RECEIVEC) vanarH.�,a��—aysors OCT 1 4.2016 ft9a4 3879 amaFo