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Do unique physical characteristics of your property prevent compliance with the ordinance?(Applicant, check <br /> YES or NO below.) <br /> XYES. 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 o 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 ofeconomic 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 <br /> of the parcel. The property owner bears the burden of proving unnecessary hardship. List the unnecessary <br /> hardship(s): <br /> �e� c��oc'vr arye �o vi✓���jl p ��Q c'l xt�.s <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 <br /> permitted for the property) or would render conformity with such restrictions unnecessarily burdensome. <br /> The BOA must consider the purpose of the zoning restriction, the zoning restriction's effect on the <br /> property, and the short-term, long-term, and cumulative effects of a variance on the neighborhood, the <br /> community, and the public interests. This standard reflects the new Ziervogel and Waushara County <br /> 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 /> X YES. <br /> ❑ NO. A variance cannot be granted. <br /> Page 5 of 9 <br /> Burnett County,WI Variance Application—Rev 3/2016 <br />