Laserfiche WebLink
PC <br /> 17-3988 <br /> 17-3989 <br /> PRACTICAL DIFFICULTIES DOCUMENTATION FORM 17-3990 <br /> Exhibit B <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 N/A in the space provided: <br /> 1. "ThTe/prroperty owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." <br /> A <br /> 2. "Theligght of the landowner is due to circumstances unique to his property not created by the landowner." <br /> THE ON SITE WETLANDS WERE NOT KNOWN TO EXIST UNTIL AFTER THE ACCESS EASEMENT WAS SHOWN, <br /> THIS HAS RESULTED IN THE ONLY ACCESS TO THE SITE BEING WITHIN 35' OF THE WETLAND. <br /> 3. "The variance, if granted, will not alter the essential character of the locality." <br /> DISTURBING WITHIN 35' OF THE WETLANDS ON THIS PROJECT WILL NOT ALTER THE CHARACTER <br /> OF THE PROPERTY OR ADJACENT PROPERTIES. THE PROPOSED PROJECT FITS IN WITH ADJACENT HOM <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 /> THIS VARAINCE IS NOT BEING REQUESTED FOR ECONOMIC HARDSHIP, RATHER THE PHYSICAL <br /> AND LEGAL SHAPE AND LAYOUT OF THE PROPERTY. <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,when in harmony with this Chapter." <br /> N/A <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 /> .N_ .•1l It ':•'•. P 44.* d: t A . ► . e► k t 'I . <br /> N GECIVED <br /> Variance Application-January 2017 , i < <, �iC I i ` 1 I i <br /> Page 7 <br /> CITY OF ORONO <br />