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11-21-2016 Planning Commission Packet
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11-21-2016 Planning Commission Packet
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PC Exhibit B <br /> 16-3879 <br /> 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 462.367,Subdivision 8(2)requites that practical difficulties be demonstrated in <br /> order for a variance to be granted. The ditflcullles must be unique to the property as variances nm with the lend <br /> and not the land owner. Personal and economic Oust/one are not considered veld 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 oeiermine it practical difficulties exist and how the <br /> variance will affect the surrounding community. To prove practicel difficulties,address all the relevant points listed <br /> below and answer them as dearly as possible. <br /> Since you we 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 ail not be considered. <br /> Plass address each of the!wake practical difficulties truants es they relate to the merest,I they do not apply, <br /> write N/A in the apace prioviided: <br /> 1. 'The property owner proposes to use the property In a reasonable manner not permitted by the Zoning Chapter.' <br /> WA-eodstina use to remain-arooery retailer <br /> 2. 'The plight of the landowner is due to circa unique to his pin not created by the landowner." <br /> Yes,the unique shape of the property and��road layout only allows sign plat near the property Ilne. <br /> ,,,-.Hl!.F ,,,. ...,. ,,,. ,. - ,,, l-.• l-.lI,-.,1•- ,i •,, , .• , F .-. .,.• '. .;,: ..i..:', _ I ..:,I <br /> 3. The variance,If granted,will not alter the essential character of the locality." <br /> No,It will enhance the character and the sign le crlticsl to the success of the business,which Is bnportant and Integral to <br /> the 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 /> WA <br /> 6. 'Practical difficxulties 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 /> 1106,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 /> WA <br /> RECEIVED <br /> OCT Mance -•wy2018 14.20fB <br /> PIM 4 # 3879 OITYOF ORONO <br />
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