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HomeMy WebLinkAbout16-3862 ExB PR DIFRECEIVED SEP 0 12016 PRACTICAL DIFFICULTIES DOCUMENTATION FQAMF ORONO 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 owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." 2. "The plight of the landowner is due to 3. "The variance, if granted, will not alter the unique to his property not created by the landowner." character of the locality." ,rl, 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter.' _ w 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 116.I.06, Md. , 2, when in harmony with this Chapter." NZ& - 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 property in the zone where theAffected person's lang,is located." Variance Application — May 2016 Page 4 Variance Questions -Answers for Orono- Casco House 1. The purpose of project is allowed by zoning rules for this property. 2. The plight is with the size of the existing building which is slightly over the allow 1000 SQ feet. e0 (v 1'9 3. The variance would not alter the foot print or the existing structure at all nor the character of locality. 4. The reasonable use of the project is allowed and economics are not a factor for this variance. IV fk5. The practical difficulty is that the existing structure foundation is already slightly over the allowed limit. 6. The use of this project is allowed for this property. N )A 7. There is no request being made for a temporary use of dwelling. 8. There is no variance being asked for pertaining to adjoining property 9.- 10. The granting of this application is cessary to preserve the enjoyment of the property 11. This variance will not in any way impair health, safety, comfort, morals or in any other respect be contrary to the intent of the Zoning Code. 12. This variance will alleviate difficulty of adding an additional building and reduce hard cover on the existing property. This variance is to allow for an improvement to an existing building which is slightly over the allowed 1000 square feet (1013). Improving the existing structure will replace the need to build a new building and foundation which would cause more hard cover to built on the property. It is therefore desirable to improve the existing structure and reduce the hard cover impact on the property.