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09-18-2017 Planning Commission Packet
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09-18-2017 Planning Commission Packet
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PRACTICAL DIFFICULTIES DOCUMENTATION FORM <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. <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 am 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 /> 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 /> 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 /> 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 /> 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." <br /> 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner.' <br /> 3. "The variance,if granted.will not alter the essential character of the locality." <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 /> 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.08, Subd.2,when In harmony with this Chapter.' <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 /> Variance AppAcetbn—January 2017 RECEIVED <br /> Page r <br /> � AUG 2 3 2017 <br /> 6 <br /> CITY OF ORONO <br />
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