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PC <br /> #18-3992 <br /> Exhibit B <br /> PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br /> ._. - ,.. <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. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." <br /> The proposed deck design is reasonable and typical.and is similar to other homes commonly found in the district. <br /> 2. °The plight of the landowner is due to circumstances unique to his property not created by the landowner." <br /> - ' II •I - - .•• • .- . ..• ► '. A. l- - -.. . ..1- e. . ..'.• -.' '.• .- . .. .- <br /> prnpertyand the landowner seeks to reduce the size of said non-conformity <br /> 3. "The variance,if granted,will not alter the essential character of the locality.' <br /> If granted,,the variance will not alter the essentialcharacter of the locality as the smaller deck design i5 in l eeping <br /> with other hopes commonly found along the lakeshore <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 /> The request for this variance is not based Qn economic considerations. <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 /> The variance request is for a use that is allowed by the City of Orono ZoningCode. <br /> RECEIVED <br /> Variance Application—September 2017 <br /> Page <br /> 7 <br /> It 3992 DEC 0 'all <br /> CITY OF ORONO <br />