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Do unique physical characteristics of your property prevent compliance with the ordinance? (Applicant, check <br /> • YES or NO below.) <br /> • 11 YES. These items must be shown on the survey map as part of the application. <br /> ❑ NO. A variance cannot be granted. <br /> 2. Unnecessary hardship (Item 2 to be completed by the applicant) <br /> Courts have determined an applicant may not claim unnecessary hardship where conditions were self-imposed or <br /> created by a prior owner. <br /> Examples of self-imposed/created issues in which a variance should NOT be granted: <br /> a. Excavating a pond on a vacant lot and then arguing that there is no suitable location for a home <br /> b. Constructing a sanitary system in a specific location and then arguing that there is no suitable location for a <br /> home or a garage <br /> c. Constructing a building incorrectly or not in the correct location and then arguing that a variance is needed so <br /> the structure doesn't have to be modified to make it conforming <br /> Courts have also determined that economic or financial hardship does not justify a variance. <br /> Examples of economic or financial hardship in which a variance should NOT be granted: <br /> a. Grading and retaining walls can be used to make a conforming location for the structure, but it would be more <br /> expensive than using a location requiring a variance <br /> b. Constructing a building incorrectly or not in the correct location and then arguing that a variance is needed so <br /> that costly modification doesn't have to be done to the structure <br /> When determining whether unnecessary hardship exists,the property as a whole is considered rather than a portion of <br /> the parcel. The property owner bears the burden of proving unnecessary hardship.List the( unnecessary hardship(s): <br /> ui e were. Nok �(rrl <br /> a -' a Uar(a"Ge- -- �4o m8 ` ►a, <br /> a g O7o r e)c.t s-H n a ra e, (fwi n 6‘a.4-u t ` t-'et-5 r,)a v td <br /> half 4o L YemOUect, 'kg tri as an ex.pfinSiOn oQ-t4 curren+ <br /> (ytt'0.QG is n csc�is- 0a1Qtn ark r}rea p rk k i-ol, (Ai i�"l-. D Mfr, [4\ <br /> CO 1e Cy SM (( `t-Ne�.S "}c7 �pt vernoVr . to SU(mt# p 1�c& S <br /> neL..) ,esS *o A)o r-k-L, SC,oc c.to the a r cL cin d - ton o.( <br /> t•e� �S t ,Vtn� racs� in -One wooded a «, u <br /> re )Odtc. <br /> chis t vp'-4- a kelt-bier Q,r ea_ , <br /> • For an area variance unnecessary hardship exists when compliance would unreasonably prevent the owner <br /> from using the property for a permitted purpose(leaving the property owner without any use that is permitted <br /> for the property)or would render conformity with such restrictions unnecessarily burdensome. The BOA <br /> must consider the purpose of the zoning restriction, the zoning restriction's effect on the property, and the <br /> short-term, long-term, and cumulative effects of a variance on the neighborhood, the community, and the <br /> public interests. This standard reflects the new Ziervogel and Waushara County decisions. <br /> • For a use variance,unnecessary hardship exists only if the property owner shows that they would have no <br /> reasonable use of the property without a variance. <br /> Is unnecessary hardship present? <br /> (Applicant,check YES or NO below.) <br /> (fit YES. <br /> ❑ NO. A variance cannot be granted. <br /> Page 5 of 9 <br /> Burnett County, WI Variance Application—Rev 12/2020 <br />