HomeMy WebLinkAboutLA18-000033 (18-4000) Garcia (1335 Arbor St) Exhibit B DifficultiesPRACTICAL DIFFICULTIES DOCUMENTATION FORM
This form is a required submittal for ALL variance applications. An application will not be considered
complete or placed on any meeting agendas until this form is complete and submitted to the City.
Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in
order for a variance to be granted. The difficulties must be unique to the property as variances run with the land
and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order
for an application to be heard by the Planning Commission and City Council practical difficulties having merit must
be demonstrated.
HOW DO I PROVE A PRACTICAL DIFFICULTY?
This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the
variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed
below and answer them as clearly as possible.
Since you are requesting the code exception, you have the burden of proving that the variance is justified.
The information the City receives is what is used in determining a denial or approval recommendation. If you leave
something out it will not be considered.
Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply,
write NIA in the space provided:
1. "The property o � r proposes to use the property in a reasonable manner not permitted by the Zoning Chapter."
2. "The plignLgf the landowner is due to circumstances unique to hi ,property not created b the landowner."
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3. "The vans ce, if gqa9ted, will not alter the ess ial char cter of the lob t ."
4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists
under the terms of tqe honing Chapter."
5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy
systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section
116J.06, Subd. 21 Ahpn 'n harmony with this Chapter."
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6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed
under this Chapter for_pr. erty in the zone where the affected person's land is located."
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CITY OF ORONO
7. 'The Board or Council permit as a variance the temporary use of a one -family dwelling as a two-family
dwelling."V 71�
8. "The special conditions applying to the structure or land ii question are peculiar to such property or immediately
adjoining property
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9. `The conditions do not apply herally to other land or structures in the district in which said land is located."
10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right
of the applicant." ,l
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11. `The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other
respect be contrary to thg intent of the Zoning Code.," �
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12. "The granting of such variance will not merely serve as a convenience to the applicant, but isfnecessary to
alleviate demonstrable difficulty."
Practical Difficulties Statement
Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical
difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional
sheets if necessary):
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Variance Application — September 2017
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CITY OF ORONO