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HomeMy WebLinkAbout16-3851 ExB PRACT DIFFPRACTICAL 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 itwill not be -considered.- - - Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write N/A in the space provided. 1. "T a property o ner proposes to use the property in a reasonable manner n permitted by the Zoning Chapter.' a i 4 a �- -16 2. "Th , piigh of the landowner is due to circumstances unique to his property not created by time landowner." 3. "The variance, if granted, will not alter the jessential character of the locality. 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the tees of the Zoning 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. 2, when in harmony with this Chapter! tj LA 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chanter for property in the zone where the affected person's land is located! , , RECEIVED Variance Application — May 2016 JUL I d 701 R Page 4 3851 CITY OF ORONO 7. "The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." N A 8. 'The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." , , A , 9. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary tot intent of the Zonin Code." %! o n t__t 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate_ demonstrable difficulty." ('410" w-e W P- srA6"�) -6 avaj 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): 1f ON WA a fell- +kl axwe..,-r— 40119 mim ShIy4VIe, W ["5 ter-. /," Sap- �d o► low �rr et)),i0- i, : �. cO- m`16 c�arwq¢-. F45}�'�-g :wus& Appm C.d°�e� r rn Coy aT r�[-/��Q it' x �i'Tf�rr►r►. _iwl j3 Sx�+•� td��' k�2C �" �ivib [Q.sS .cr.� I'U- _ f rnr►n P�Xt 5, arev-ate, 4. , �.LcrG2 Mncc % (x,�5o d 17i7'rck s [�Q.l fy► Afi- VAC k h0ll W44 $4- dU oh ha ti" a -S Iw In AL RECEIVE® Variance Application — May 2016 Page s ►iTf OF©RONO #3851