06-19-2017 Planning Commission Packet

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DocuSign Envelope ID:55356F20-A548.421B-8D6A-46287D3DBC7B PC Exhibit B 17-3943 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. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." Within the city»ping ordinances the city states"it's in the publicinterect to encourane alternative energy systems that have a positive impact on energy production and conservation"(Sec.78-1379,b.)_The proposed ground mount accomplishes lust that. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The vegetation cover terrain and structure oientatioa are unique characteristics that affct ad auate access to direct sunlight. 3. "The variance, if granted,will not alter the essential character of the locality." The existing vegetation and grading remain intact The location_of the proposed ground ount is well screened from the road right-of-way. 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." Access to direct sunlight is the driving practical difficulty,caused by the unique charateristics of the property. 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." Minnesota Statute 462.357 Subdivision 6 Paragraph 2 states_that"Practical difficultiss_inctude.]Dut are not limited to,inadequate access to direct sunlight for solar energysystems." 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." Alternative enerav systems are permitted in thesoning district the property is located in. RECEIVED Variance Application-January 2017 MAY 1 7 2017 Page 7 # 3943 CITY OF ORONO