08-21-2017 Planning Commission Packet

Home Browse Search

PC Exhibit B 17-3949 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." With out the variance to do construction the owner will not be able to protect their property from erosion,and the existing steps are completely failing and provide a very dangerous condition for access to the lake. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." As stated in answer 1 Safety and erosion protection are necessary. 3. "The variance,if granted,will not alter the essential character of the locality." The proposed solution to the two main problems are totally consistent in this area of the community 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." True 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." NA 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." NA Variance Application—January 2017 Page 7