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Do unique physical characteristics of your property prevent compliance with the ordinance? (Applicant, check <br /> YES or NO below.) <br /> J$ YES. These items must be shown on the survey map as part of the application. <br /> ❑ NO. A variance cannot be ganted. <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 /> /Ve atRQ0. 4Ndi4R "QRll 1i tle ale eck ood041Iy C' `E15is <br /> thail T.ae_- all setk, 4cks . CVRfee ooi Pt:; weoid <br /> cite cite Nee$ 4o �xte,.s 41,5 veru c.►o c '(•o -Ike <br /> S1�oize � ;foe . `r-i.i�j vatikto, r.,<2 gess.,es'( w oulcQ l esse,`• -Fi,Q. <br /> '1. ro,po,c-4 o,,.d enhaN•ce -+ke goctl oS r..a i>,,-fq )s., n,o ) QkeskofeQ <br /> iNic5R:dy a5 ek kt5w11 . <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 /> Ji( YES. <br /> ❑ NO. A variance cannot be granted. <br /> Page 5 of 9 <br /> Burnett County, WI Variance Application —Rev 12/2020 <br />