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02-20-2018 Planning Commission Packet
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02-20-2018 Planning Commission Packet
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1/14/2020 12:49:06 PM
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3/5/2018 10:48:30 AM
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ID:
1
Creator:
Nola Dickhausen
Created:
1/14/2020 12:35 PM
Modified:
1/14/2020 12:35 PM
Text:
PC Exhibit B #LA18-000004
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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 N/A in the space provided: <br />2. <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." *I- , , i <br />err include, bi cans 1r� J1°`�� 1 �� �� er <br />5. "Practical di iculties include, b are not limited t inadequa a acce s to direc sunli t for so r e rgy <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 />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 Application - January 2017 <br />Page 7 <br />
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