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10-16-2017 Planning Commission Packet
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10-16-2017 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 are 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 NIA 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 plig 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 /> P/17 <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.06, Subd.2,w n in harmony with this Chapter.' <br /> ivr <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 Cher for property in the zone where the affected person's land is located." <br /> Variance Application—January 2017 <br /> Page 7 <br /> lt,_ 3 9 7 0 <br />
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