HomeMy WebLinkAboutPractical 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 owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter.'
The groposed deck design is reasonable and typical, and is similar to other homes commonly found in the district.
2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner,"
The circu=an-ces are u . Que tQ th r perl)l ip that there is already a npn-confQrM' xist'ag deck oubc—
pmpertV and Ihejan&wnpr -pi-kq tn andiice the sffi7e nf r; 'd [)on-Cnj3fnrmitv
3. "The variance, if granted, will not alter the essential character of the locaVtty,!'
If granted, the yaria,acp will nqt alteLthe gssential charagter of the locality as the,5mglier deck de5ign i5 inkQgping
wotb Qtber bomes commonly found alQng the lakeshoce.
4, "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists
under the terms of the Zoning Chapter,'
Ihe rgqwe I for.this v i n i ideraligns.
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
1 16J.06, Subd. 2, when in harmony with this Chapter."
N/A
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 the affected person's land is located,"
Valiance Application — September 2017
RECEIVED
Page 7 DEC 0 1 ZU1 I
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."
8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately
adjoining property."
The special cgndition5 of the 5tructure 'n qugstion are peculiar to the landowner's.prgperty a5 the conditiQn is dug
to the e
9. "The conditions do not apply generally to other land or structures in the district in which said land is located."
The conditions do not apply enera l[v to other land or structures in the district a§ theyare soecific tg this r e
10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right
of the applicant."
The granting of the a. Q ication i r re5
-eryEthg2cightQfthtloodglunertoccnstructadt f print
property.n f t h P Pr rai fathered deck area in a manner that us cQm.pateble with the cQnstruct6Qn Qf the new home Qp the
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 the intent of the Zoning Code."
The granting of the proposed variance will not in any Wayim air health safety, comfort morals or in any other respect be
goatrary to the intent of the Zoning Code.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to
alleviate demonstrable difficulty."
The variance is necessary to alleviate the difficulty of conforming to the existing randfathered deck and lean-to desi n
that limits the functionality and potential of the new home which is designed in a reasonable and typical manner similar
to other homes in the district.
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).
The w r ant desires to coostrk in the footprint f the existingnon-conforming deck and
lean-to structures in such a wav that is more eompatiblcwith the new home The proposed deck design is sligh Its
taller than the existing deck structure but significantly smaller in both area and setback from the lakoshore, and
eliminates n rgof structure enti el h resulting e i n is a good compromisein that it is smaller i
:LQotprjnt_�Ioser to the house, further r!ah I@kesh-Qre, and utilizes a gla,55-baluster railing ste which will
improve sight lines of the ad'acent properties. Additionally, the immediate neighbors to the east and west sides of
he proert are supportive.of the proposed deck design. We hayarticulated the size of the deck to be m derate
.yet function 1 and provide reasonable acce5s to the beaujifu[ l k shoreand lawn for the an o ner.
RECEIVED
Variance Application — September 2017
Page 0 DEC 01 LU1 t
# 3 9'y' CITY OF ORONO