2019/05/17 - LAND USE - VAR - Land Use Variance - VAR-19-01

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Do unique physical characteristics of your property prevent compliance with the ordinance? (Applicant, check YES or NO below.) YES. These items must be shown on the survey map as part of the application. ❑ NO. A variance cannot be granted. 2. Unnecessary hardship (Item 2 to be completed by the applicant) Courts have determined an applicant may not claim unnecessary hardship where conditions were self-imposed or created by a prior owner. Examples of self-imposed/created issues in which a variance should NOT be granted: a. Excavating a pond on a vacant lot and then arguing that there is no suitable location for a home b. Constructing a sanitary system in a specific location and then arguing that there is no suitable location for a home or a garage c. Constructing a building incorrectly or not in the correct location and then arguing that a variance is needed so the structure doesn't have to be modified to make it conforming Courts have also determined that economic or financial hardship does not justify a variance. Examples of economic or financial hardship in which a variance should NOT be granted: a. Grading and retaining walls can be used to make a conforming location for the structure, but it would be more expensive than using a location requiring a variance b. Constructing a building incorrectly or not in the correct location and then arguing that a variance is needed so that costly modification doesn't have to be done to the structure When determining whether unnecessary hardship exists, the property as a whole is considered rather than a portion of the parcel. The property owner bears the burden of proving unnecessary hardship. List the unnecessary hardship(s): ,-1646 e e-4-,A6 o40P— W aP"t- 200/'P • For an area variance, unnecessary hardship exists when compliance would unreasonably prevent the owner from using the property for a permitted purpose (leaving the property owner without any use that is permitted for the property) or would render conformity with such restrictions unnecessarily burdensome. The BOA must consider the purpose of the zoning restriction, the zoning restriction's effect on the property, and the short-term, long-term, and cumulative effects of a variance on the neighborhood, the community, and the public interests. This standard reflects the new Ziervogel and Waushara County decisions. • For a use variance, unnecessary hardship exists only if the property owner shows that they would have no reasonable use of the property without a variance. Is unnecessary hardship present? (Applicant, check YES or NO below.) S. ❑ NO. A variance cannot be granted. Page 5 of 9 Burnett County, WI Variance Application — Rev 1/2019